Domestic Arbitration and Mediation
Who we represent
Aarna has represented a wide range of clients on arbitrations and mediation including private and public companies, small businesses, large public sector undertakings and individuals across several sectors of trade and economy.
What we do
We provide high-quality legal and commercial advice tailored to each of our clients’ needs, while maintaining the strictest standards of probity and confidentiality. We represent clients in domestic arbitrations, which are both ad hoc and institutionally administered.
In addition to drafting pleadings and appearing before the tribunal, we also liase with experts (both legal and damages) where their services are required. Our team routinely appears before the Courts in India in proceedings for the appointment of arbitrators, concerning interim relief and enforcement or setting aside of arbitral awards.
We also assist clients on mediation or settlement negotiations by advising on the selection of neutral (where required), preparing mediation briefs and strategy notes.
Our experience
Arbitration:
- Advising the Directorate General of Hydrocarbons of the Government of India on strategy in an energy arbitration.
- Representing government-owned companies and PSUs in large scale construction arbitrations.
- Representing private companies and joint ventures on arbitrations dealing with construction disputes including for the appointment of arbitrators before the Supreme Court.
- Advising international parties in multiple connected India-seated arbitrations arising out of road construction projects across India
- Acting for a well-known Indian construction company based in Delhi, known to have constructed several of the most prestigious buildings in the country, in a construction arbitration pertaining to disputes regarding a sought-after residential apartment complex in Bangalore.
- Advising on enforcement of foreign arbitral awards including several awards and decrees in the aviation and technology sectors
Mediation:
- Successfully representing the subsidiary of a Japanese architectural and civil engineering company in a construction dispute arising out of a supply and installation contract in an institutional mediation before the Centre for Advanced Mediation Practices, seated in Bengaluru.
- Advising an Indian party in a pre-litigation mediation concerning a domestic real-estate dispute against an Indian start-up.
- Acting for the Indian subsidiary of a leading American provider of co-working spaces in its dispute with an Indian software company arising from non-payment of membership dues under the contract. The parties were able to successfully mediate and resolve the dispute amicably.
- Representing an Indian artist on the negotiation of a settlement involving monetary compensation and a public apology against a director of a reputed Art Society in India in the context of a copyright infringement.
Our Strengths
As recognised by Chambers, we are one of the leading firms in mediation and arbitration — our preferred methods of dispute resolution. With our long-standing expertise, we handle arbitrations of all sizes and across sectors such as finance, construction, infrastructure, technology, and telecommunications. Our experience in international dispute resolution has enabled us to bring best practices to ADR in India.
Frequently Asked Questions
Arbitration is a private, binding method of dispute resolution under India’s Arbitration and Conciliation Act, 1996, where a neutral arbitrator decides the outcome of the dispute between two or more parties.
Arbitration is ideal for cases where you want a faster resolution, confidentiality, technical expertise, cost effectiveness and preservation of business relationships. It is less formal and rigid than litigation.
Mediation is a voluntary, non-binding process where a neutral third party helps disputing parties reach a mutually agreeable settlement. A mediator helps parties reach agreement but doesn’t impose one. On the other hand, an arbitral award, given after the process of arbitration, is legally binding and is done in a more formal manner as compared to mediation. The Arbitral award is decided by a neutral third party.
Domestic arbitration is suitable for commercial contracts, contract interpretation and performance, infrastructure and real estate disputes, shareholder issues, insurance claims, partnership differences, intellectual property rights, personal injury, product liabilities, professional liability, insurance claim and Banking & non-Banking transaction disputes. Any dispute arising out of conflict with personal rights or private rights may be suitable for arbitration.
Yes. Under Section 36 of The Arbitration and Conciliation Act, 1996, arbitral awards enforcement is treated the same as a court decree and is considered binding.
Arbitration offers confidentiality, faster resolution and more flexibility than court proceedings. Parties can choose expert arbitrators suited to their dispute. Awards are generally final and easier to enforce internationally.
Parties may mutually select arbitrators or use an institution such as the appointing authority to appoint one. If the parties cannot agree, they may request the court to appoint an arbitrator. The process can involve mutual agreement on a sole arbitrator or each party selecting one arbitrator, with the two selected arbitrators then choosing a third to preside.
Arbitration clauses can be added into existing contracts by the mutual consents of all those party to the contract. This needs to be presented and agreed upon in writing.
If one party refuses to arbitrate despite having agreed to do so, the other party can apply to a court to compel arbitration. Courts usually uphold valid arbitration agreements and may stay court proceedings until arbitration takes place.
Yes. Arbitration is inherently private and parties can include explicit confidentiality provisions in their agreements.
Shreyas Jayasimha
COUNSEL | ADVOCATE | MEDIATOR | ARBITRATOR
Apoorva Guruprasad
PARTNER
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