Dispute Resolution FAQs
Why Clients Choose ATB Legal
- In-depth local and regional expertise: Our team has extensive experience in the UAE and Indian jurisdictions, providing nuanced strategies adapted to multiple legal frameworks and institutions.
- Strategic clarity: We analyse each dispute’s contractual, legal, and procedural context to develop focused, results-driven case plans.
- Commercial alignment: We ensure every legal step supports your broader business objectives, balancing efficiency with vigorous advocacy.
- Multilingual and multi-jurisdictional advocacy: Proceedings are conducted in English and Arabic, and we ensure smooth cooperation across borders when enforcing awards or managing related proceedings.
- Experience: Our work spans complex arbitrations, mediations, and courtroom proceedings in DIFC, ADGM, mainland UAE, India, and international forums.
Frequently Asked Questions
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.
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.
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.
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.
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.
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.