A settlement has become a major part of the Indian legal system, in furtherance of which, over the past few decades Alternative Dispute Resolution and the rise in awareness have branched out from corporate matters to several civil law matters as well. The ADR mechanisms are not limited to arbitration but also include mediation, conciliation, negotiation, and Lok Adalat. Given the caseload with the judiciary, ADR is now the go-to resolution method for several companies.
We have successfully assisted a great number of clients in arbitral proceedings under the Arbitration & Conciliation Act, 1996, in National and International cases seated in India. A few of the main areas of assistance companies require our assistance are:
- Drafting the Arbitration Clause in the contracts and ensuring proper jurisdiction clause
- Advising on the selection of an arbitrator.
- Assisting and representing the clients in the proceedings
- Ensuring the enforcement of Arbitral awards
Apart from Arbitration and conciliation, though not separately codified, Mediation finds its roots in Section 89 of the Civil Procedure Code, 1908, for civil disputes such as divorce cases, consumer cases, industrial dispute cases, etc.
