Arbitration & Mediation

Frequently asked questions

Is arbitration faster than court in India?

Usually, particularly with an institutional framework and a disciplined procedural timetable. Delay most often comes from challenges and enforcement, which is why the clause and the seat matter.

Can a foreign award be enforced in India?

Yes, where the award comes from a reciprocating territory under the New York Convention and survives the limited grounds of resistance. We advise on the enforcement route before the award is pursued.

Is arbitration faster than court litigation in India?

Usually yes. The Arbitration and Conciliation Act contemplates an award within twelve months of completion of pleadings, extendable by six months by consent. Delay tends to come from challenges and enforcement, not the arbitration itself.

What makes an arbitration clause enforceable?

A clear written agreement to arbitrate, a defined seat and venue, the number of arbitrators and the appointment mechanism, the governing law and the language. Vague or optional clauses generate a preliminary fight before the dispute is even heard.

Can a foreign arbitral award be enforced in India?

Yes, under Part II of the Act for awards from New York Convention reciprocating territories, subject to narrow public-policy and due-process objections. We advise on enforcement prospects before an award is pursued.

When is mediation the better route?

Where the commercial relationship is worth preserving, where confidentiality matters, or where the real gap is commercial rather than legal. A mediated settlement recorded properly is enforceable and often resolves in weeks rather than years.