Arbitration & Mediation
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Arbitration
Arbitration may arise where a contract contains an arbitration clause or where parties subsequently agree in writing to refer disputes to arbitration. Professional work under this head relates to domestic and international arbitration and includes contract-stage drafting and review of dispute resolution clauses, preparation of pleadings (including statements of claim and defence), organisation and presentation of documentary and oral evidence, and submissions before arbitral tribunals. Where required, work may also include proceedings connected with interim measures, as well as enforcement of arbitral awards before competent courts. Where an award is proposed to be challenged, proceedings may be undertaken under applicable law, subject to statutory grounds, limitation, and maintainability.Key Statutory Framework(Illustrative)
- Indian Contract Act, 1872
- Arbitration and Conciliation Act, 1996
- Commercial Courts Act, 2015
Disclaimer
This page is for general information only and does not constitute legal advice or solicitation.
An advocate–client relationship is not created by access to or use of this website.
Mediation
Mediation is a non-adjudicatory and structured dispute-resolution process in which parties engage directly in a party-centred negotiation with the support of a neutral third party (the mediator). The mediator’s role is primarily facilitative—to assist the parties in identifying issues, clarifying interests, and exploring settlement options.
Mediation is voluntary in outcome, meaning that no settlement is reached unless the parties mutually agree to the terms. A matter may enter mediation in two broad ways: (i) party initiated mediation, where the parties themselves choose to attempt settlement before or during litigation; and (ii) court/authority-referred mediation, where a court or competent forum directs or refers the parties to a mediation process under its applicable rules or practice directions (commonly called court-annexed mediation).
As per Section 5 of the Mediation Act, 2023, whether or not a mediation agreement exists, the parties may, before filing any suit or proceedings of a civil or commercial nature in any court, voluntarily and with mutual consent take steps to settle their disputes through pre-litigation mediation, in accordance with the provisions of the Act. It is further provided that pre-litigation mediation (commonly referred to as pre-institution mediation) in matters of commercial disputes of specified value shall be undertaken in accordance with Section 12A of the Commercial Courts Act, 2015 and the rules made thereunder.
Where a settlement is reached in a matter pending before a court and is required to be recorded, the court may pass appropriate orders/decree in terms of the agreement in accordance with Order XXIII Rule 3 of the Code of Civil Procedure, 1908, as applicable. A mediated settlement agreement is enforceable in accordance with the applicable legal framework, including enforcement through the procedure of the Code of Civil Procedure, 1908, in the manner recognised by law.
Key Statutory Framework (Illustrative)
- Mediation Act, 2023 (where applicable)
- Commercial Courts Act, 2015 (Section 12A) and rules
- Code of Civil Procedure, 1908 (including Order XXIII Rule 3; enforcement procedure, as applicable)
- Court-annexed Mediation Rules / Practice Directions
Disclaimer
This page is for general information only and does not constitute legal advice or solicitation.
An advocate–client relationship is not created by access to or use of this website.
Are consultations available through electronic modes?
Modes of professional interaction may vary depending on the nature of the matter and practical requirements. Certain matters may require in-person meetings, while preliminary discussions may be possible through electronic or remote means, subject to feasibility.
Are communications made through the website confidential?
Visitors are advised not to share confidential or sensitive information through the website. Confidentiality obligations arise only after a formal advocate–client relationship is formally established.
How are professional fees determined?
Professional fees are determined on a case-to-case basis, depending on factors such as the nature of the matter, complexity involved, stage of proceedings, and time requirements. Fees are discussed at the time of formal engagement.
Are alternative dispute resolution mechanisms considered before litigation?
Where legally permissible and appropriate, mechanisms such as negotiation, mediation, or arbitration may be explored as alternatives to litigation. The suitability of such mechanisms depends on the facts and legal framework of each matter.
Does accessing this website or contacting the office create an advocate–client relationship?
No. Merely accessing this website or contacting the office does not create an advocate–client relationship. Such a relationship is established only through a formal professional engagement, in accordance with applicable law and professional rules.
Does the practice guarantee outcomes or results in legal proceedings?
No. Legal proceedings are subject to judicial determination, facts, evidence, and applicable law. No outcome or result is assured or guaranteed.
Is prior appointment required for meeting an Advocate?
Professional meetings are ordinarily conducted by prior arrangement, subject to availability and procedural requirements.
Are court fees and statutory charges included in professional fees?
Court fees, government charges, and other statutory or out-of-pocket expenses are separate from professional fees, unless otherwise agreed at the time of formal engagement.
Can a matter be settled during the course of proceedings?
Settlement possibilities may be explored at appropriate stages, subject to legal permissibility and the mutual consent of the parties involved.
Is the website content updated regularly?
While reasonable care is taken to update the content, the law being dynamic and vast, the website may not always reflect the most recent legal developments.