Arbitration: Our Advisory and Representation Services

India Arbitration Law & Domestic Arbitration

Arbitration in India is governed by the Arbitration and Conciliation Act 1996, substantially amended in 2015, 2019, and 2021 to bring Indian arbitration law closer to international best practice. The 2015 amendments introduced strict timelines for domestic arbitration and a pro-enforcement approach to foreign awards. The 2019 amendments established the Arbitration Council of India under Article 43 A and streamlined institutional appointment. For international commercial arbitration seated in India, the Act provides for minimal court intervention — courts may appoint arbitrators where parties fail to constitute the tribunal, and may grant interim measures in support of the arbitration. The supervisory court for India-seated arbitrations is typically the jurisdictionally competent High Court. ATB Legal advises on India-seated arbitration proceedings, from tribunal constitution and interim relief applications through to award enforcement and challenge proceedings.

Seat Selection & India-UAE Arbitration Agreements

For disputes between Indian and foreign parties, the choice of arbitration seat is a strategic decision with procedural, enforcement, and governing law implications. India-seated arbitration brings the matter within Indian courts’ supervisory jurisdiction and enables award enforcement across India without a separate enforcement application. Offshore seats such as Singapore (SIAC), London (LCIA), Dubai (DIAC), or Abu Dhabi (arbitrateAD) offer neutral procedural law and enforcement of the award in India as a foreign award under the New York Convention.

For India-UAE commercial contracts, the choice between the UAE, Singapore or London seat involves weighing institutional credibility, enforcement convenience in both jurisdictions, and the applicable procedural law. ATB Legal advises on seat selection, applicable institutional rules, and the drafting of arbitration agreements that reflect the parties’ actual dispute resolution intentions rather than template clauses that create uncertainty when a dispute arises.

Conduct of Arbitral Proceedings

The conduct of arbitration proceedings from filing the request for arbitration through to the final award demands procedural precision alongside substantive legal strength. Procedural decisions taken early in an arbitration often determine its outcome: the scope of disclosure, the structure of written submissions, the selection and preparation of witnesses and experts, and the conduct of the oral hearing. In institutional arbitrations under ICC, SIAC, DIAC, or arbitrateAD rules, compliance with the institution’s procedural requirements and timelines is a condition of the arbitration’s validity. ATB Legal advises and represents clients in arbitrations under the major institutional rules applicable to India-UAE corridor disputes, providing both strategic direction and procedural management from filing through to award.

Award Enforcement & Emergency Arbitration

India is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, making foreign awards from Convention countries enforceable in Indian courts. Enforcement requires an application to the jurisdictionally competent High Court. The grounds for refusing enforcement are narrow, confined to public policy and procedural exceptions and Indian courts have adopted a pro-enforcement approach, with public policy grounds interpreted narrowly following recent Supreme Court decisions. ATB Legal manages the enforcement of foreign awards in India, the enforcement of Indian awards in the UAE, and challenges to awards where grounds exist. For time-sensitive situations, emergency arbitration under the rules of the major institutions provides interim relief before the main tribunal is constituted.