Dispute Resolution-India FAQs
- What types of disputes does ATB Legal handle in India?
ATB Legal manages commercial and corporate contract disputes, shareholder disagreements, construction and infrastructure claims, insolvency proceedings before the NCLT under the Insolvency and Bankruptcy Code (IBC), employment matters, real estate conflicts, and cross-border enforcement. The practice covers India’s courts, arbitration institutions, and ADR forums.
- What is the NCLT and what role does it play in commercial disputes?
The National Company Law Tribunal (NCLT) is India’s specialist commercial court for corporate insolvency, liquidation, mergers, and related company law matters. Under the Insolvency and Bankruptcy Code (IBC), the NCLT administers the Corporate Insolvency Resolution Process (CIRP) — the time-bound mechanism through which foreign creditors, lenders, and investors can participate in the restructuring or liquidation of distressed Indian companies.
- Which arbitration institutions and rules does ATB Legal work with in India?
ATB Legal manages proceedings under ICC, SIAC, LCIA, DIAC, and arbitrateAD rules, as well as domestic Indian arbitration under the Arbitration & Conciliation Act 1996. The team advises on seat selection, interim measures before Indian courts, multi-seated cross-border proceedings, and the enforcement of awards under the New York Convention.
- What is the Mediation Act 2023 and how does it affect commercial disputes in India?
The Mediation Act 2023 introduced a statutory framework for pre-litigation and court-referred commercial mediation in India. Settlement agreements reached under its provisions carry enforceability equivalent to arbitral awards and can cover cross-border disputes involving international parties. The Act represents a significant shift toward structured, party-driven resolution and is particularly relevant for commercial relationships where preserving ongoing dealings is a priority.
- Can foreign arbitral awards and court judgments be enforced in India?
Yes. Foreign arbitral awards from New York Convention signatory countries are enforceable in India under Part II of the Arbitration & Conciliation Act 1996. Foreign court decrees from reciprocating territories are enforceable under Section 44A of the Code of Civil Procedure. ATB Legal manages both enforcement pathways, including responses to challenges filed by award debtors.
- How does ATB Legal’s dual India-UAE presence benefit clients in cross-border disputes?
Clients active in both India and the UAE receive coordinated legal strategy under a single advisory relationship — covering Indian courts and NCLT proceedings, UAE forums including DIFC and ADGM, and international arbitration seats simultaneously. This eliminates conflicting positions, duplicated instructions, and the delays inherent in briefing separate counsel in each jurisdiction. It is a structural advantage that no single-jurisdiction firm can replicate.