Arbitration & Dispute Resolution
Arbitration clauses, domestic arbitrations, Section 9 and Section 34 proceedings, mediation and negotiated settlement.
Overview
Arbitration offers a private, contractually chosen route to resolving commercial disputes, and its usefulness is often decided long before a dispute arises — in how the clause was drafted. The chamber advises on clauses, acts as counsel in arbitral proceedings, and appears in the court applications that support and follow them.
Matters ordinarily handled
- Drafting and review of arbitration clauses
- Notice invoking arbitration and appointment of arbitrators
- Representation in domestic arbitral proceedings
- Interim measures under Section 9
- Challenge to awards under Section 34
- Enforcement of arbitral awards
- Mediation and negotiated settlement of commercial disputes
How a matter usually proceeds
- Examination of the arbitration clause and its scope
- Notice invoking arbitration
- Constitution of the tribunal
- Statement of claim, defence and documents
- Hearing and award
- Enforcement, or challenge where grounds exist
This is the ordinary course. Any particular matter may take a different one.
Questions clients ask
Our contract has an arbitration clause. Can we still go to court?
Ordinarily the dispute must go to arbitration, though the courts retain a supporting role for interim relief and for enforcement of the award.
Is an arbitral award final?
An award is binding and can be challenged only on the limited grounds set out in Section 34. It is not a general appeal on the merits.
Is arbitration confidential?
Arbitral proceedings are private, which is often why commercial parties prefer them to litigation.