In a world of lengthy and expensive court cases, it can be difficult for a company to conduct business under the threat of litigation – particularly if that litigation comes with restraining orders or frozen assets. In such cases, it is often preferable to refer to the alternative forum of formal arbitration.
Arbitration is a cost-effective alternative to litigation, where unamicable disputes are resolved through a private adversarial process before a panel of adjudicators selected by the parties. In arbitration, the parties collectively choose the judge, forum, costs, and rules – giving the complete control over the expense and length of the proceedings – and the findings of the panel are usually binding. For these reasons, more and more companies are turning to arbitration as a way out of the expensive and inefficient court system.
Our arbitration practice extends from the domestic arbitration under the Arbitration and Conciliation Act and any other legal framework contemplated in India – to the international, spanning many arbitration forums and rules around the world. This includes both global institutions like the International Chamber of Commerce and the International Centre for Settlement of Investment Disputes, and regional institutions like the London Court of International Arbitration and the Singapore International Arbitration Centre.
We also provide services in ad hoc arbitration, including under the United Nations Commission on International Trade Law rules.
A Specific Process
It is important to note that arbitration, like any form of alternative dispute resolution, is not one-size-fits-all. Arbitration is a specific process that serves specific needs. Applying arbitration to solve a conciliation problem, or vice versa, can result in serious legal difficulties.
Arbitration is best for cases where the parties want another person to decide the outcome of their dispute for them but would like to avoid the formality, time, and expense of a trial. It may also be appropriate for complex matters where the parties want a decision-maker who has training or experience in the subject matter of the dispute.
However, if parties want to retain control over how their dispute is resolved, arbitration – especially binding arbitration – is not appropriate. As an adversarial process, arbitration is also not appropriate for efforts at a mutually agreeable solution that preserves the relationship between the parties.
We Can Help!
Our attorneys provide claimants and respondents alike with legal and pragmatic advice for both international and domestic disputes. Our lawyers evaluate the client’s case legally and for its merits and help the client decide whether arbitration is the best option for them.
We guide you through all stages of arbitration—from drafting the dispute resolution mechanism best suited to your circumstances through the arbitration hearing and post-arbitration enforcement to recognition of the award.
Our offices use only the most selected and qualified lawyers available, trained and licensed in both the US and India. We provide these legal services through our New Delhi and Gurgaon offices, online, as well as in-person, onsite visits for larger international corporations.