I act both as arbitrator and as counsel in arbitration, and I am accredited with the Indian Institute of Arbitration and Mediation and the Asia Pacific Centre for Arbitration and Mediation.Arbitration is a private trial. The parties agree to put their dispute to an arbitrator instead of a court, and the arbitrator hands down an award that binds them the way a decree would. It runs under the Arbitration and Conciliation Act, 1996.
How arbitration differs from mediation
People use the two words together and they are not the same thing. In mediation the parties decide. In arbitration the arbitrator decides and the parties are bound. Mediation is a negotiation with help. Arbitration is a trial in a private room.
Choose arbitration when you want a binding decision but not a courtroom. Choose mediation when you want to keep control of the outcome.
What I handle
As counsel. Statement of claim or defence, evidence, arguments, and applications under Sections 9, 11, 17, 34 and 36 of the Act.
As arbitrator. Sitting as sole arbitrator or on a panel in commercial and contractual disputes.
Arbitration clauses. The clause in your contract decides the seat, the number of arbitrators, the language and the institution. A clause drafted without thought produces a dispute about the dispute. I draft and review these.
Enforcement and challenge. Enforcing an award under Section 36, or challenging one under Section 34 where the grounds exist.
Why businesses choose commercial arbitration
Speed, since the Act sets timelines for the award. Privacy, since there is no public record. A decision-maker with commercial understanding, which you do not get to choose in court. And limited appeal, which cuts both ways but does mean the matter ends.
Can an arbitral award be appealed?
Not in the ordinary sense. It can be challenged under Section 34 on narrow grounds such as patent illegality or a breach of natural justice. Disagreeing with the arbitrator's view of the evidence is not a ground.
Do we need an arbitration clause to arbitrate?
Usually yes, though parties can agree to arbitrate after a dispute arises. This is why the clause in the contract matters so much.
Is arbitration always cheaper than court?
Not always. Arbitrator and institutional fees are real. It is usually faster, and speed is where the saving comes from.