Arbitration & Dispute Resolution (ADR)

The Indian Arbitration and Conciliation Act, 1996, arbitration law applicable in India. Previously, statutory provisions relating to arbitration were contained in three separate statutes: the Arbitration Act, 1940, the Arbitration (Protocols and Conventions) Act, 1937, and the Foreign Awards (Recognition and Enforcement) Act, 1961 . Repealed the Arbitration and Arbitration Act 1996, the Arbitration Act, 1940, and the Acts of 1937 and 1961.

Supporting our clients on dispute matters is a relevant part of our work. Therefore, part of our work in this regard consists of assisting the transaction team in identifying potential problem areas in terms of dispute resolution. In the event of a dispute, we primarily try to find the best possible solution for our clients, avoiding proceedings if possible. Our goal is to be well prepared from the beginning and have a complete understanding of the situation. We work closely with legal colleagues in other disciplines to form cross-practice teams as needed. Legal Litigator-Advocate & Consultants practices focus primarily on civil, commercial, corporate, criminal and regulatory dispute resolution.

ADR provides a viable option for those who prefer to stay out of court and has many potential advantages for most litigants, including:

• Reduced cost
• Efficient resolution
• Less emotional stress
• Flexibility with rules and procedures
• Control over the results

Services we provide:-

• Advising and handling arbitration disputes & matters related to various types of agreement and contracts 
• Defending & representing clients before Arbitral Tribunals in arbitral agreements and contracts
• Enforcing and/or  challenging Arbitral Awards
• Advising clients on various aspects  of an arbitration proceedings
• Advising on the appointment of arbitrators
• Applying to stay proceedings brought in breach of arbitration clauses
• Drafting an Arbitration agreements and contracts
• Legal Vetting of an Arbitration agreement and contracts
• Representing clients before High Courts in an arbitration petition
• Arbitration related litigation (Section 8,9,11,13,34) of the Act
• Preparation of claims, pleadings and replies
• Enforcement of Arbitral awards
• Appeal to the Supreme Court of India

Pre-Litigation Mediation

A lawsuit is a claim that is pending in court. A pre-trial will be held before the trial begins. Both sides use it voluntarily. This is a preliminary attempt to resolve the dispute before the case goes through court proceedings. The supported negotiation processes are: Pretrial mediation is a quick process that saves the parties time and money. You will also learn about each party’s temperament, behavior, and claims. The proceedings are conducted with the help of intermediaries who facilitate communication, but the proceedings themselves are subject to a high degree of confidentiality. The mediator works with both parties and their attorneys to resolve the dispute and does not force the parties to make decisions. All types of cases can go through the beneficial avenues of pre-trial mediation, including marital disputes, business disputes, insurance disputes and civil disputes.

Dispute resolution arising in pre-trial mediation shall be in writing, signed by both parties and consummated in court in the form of an appropriate settlement agreement. This agreement is binding on both parties.