Mediation & Arbitration Lawyer

Key laws & sections

• Arbitration and Conciliation Act, 1996 (as amended in 2015, 2019, 2021)

  The principal statute. Sections 9 (interim measures), 11 (appointment of arbitrator), 17 (tribunal’s interim relief), 34 (setting aside award), 36 (enforcement).

• Mediation Act, 2023

  The new framework for institutional and pre-litigation mediation, with enforceable settlement agreements treated on par with arbitral awards under Section 27.

• Commercial Courts Act, 2015 — Section 12A

  Mandatory pre-institution mediation for commercial disputes — we run the mediation, document failure where it fails, and obtain the non-starter certificate.

• Code of Civil Procedure — Section 89 & Order X Rule 1A

  Court-annexed mediation references — relevant where matters are already in litigation and the Bench refers to mediation under Section 89.

• New York Convention (foreign awards) & Section 47–49 of the 1996 Act

  For enforcement of foreign awards in India and Indian awards abroad — including the limited public-policy ground for refusal under Section 48.

How we run the matter

1. 1
   Pre-arbitration risk review

   We read the arbitration clause forensically — seat, venue, governing law, institution, number of arbitrators. Most arbitration disputes are decided by the clause, not the merits. We fix bad clauses by amendment where the contract is still being negotiated.

2. 2
   Section 9 interim measures

   Where assets need preservation before tribunal constitution, we move Section 9 before the Commercial Division of the High Court — typical orders include attachment of bank accounts, restraint on alienation of immovable property, and security for the claim amount.

3. 3
   Section 11 appointment & tribunal constitution

   Where the other side stalls on appointment, Section 11 application before the High Court. We propose qualified arbitrators (former HC / SC judges, senior counsel) and resist tribunal proposals that lack independence under the Seventh Schedule.

4. 4
   Hearing — pleadings, evidence & arguments

   Statement of claim, statement of defence, Reddy-style document production, expert reports, witness affidavits and cross-examination. Most institutional arbitrations now run on a 12-month timeline under Section 29A.

5. 5
   Award, Section 34 challenge & Section 36 enforcement

   On award, we file enforcement under Section 36 (treated as a decree). Where the award is challenged under Section 34, we defend the award on merits — challenges are now narrowly construed post-Ssangyong / NHAI v. M Hakeem.

Why Shield for this

• Institutional arbitration practice. Recent DIAC arbitration in a SaaS-vendor dispute — final award delivered within 11 months of statement of claim, including a partial damages award and injunction against further use of disputed IP.
• Section 9 fluency. We routinely obtain interim protection — pre-tribunal asset preservation, security for claim, and restraint on bank-guarantee invocation pending tribunal hearing.
• Mediation Act, 2023 fluency. Among the early adopters of pre-litigation mediation under the new Act for commercial disputes — settlement agreements under Section 27 are now directly enforceable, and we draft them to that standard.
• Award enforcement, including foreign awards. We’ve enforced both Indian-seat and SIAC-seat awards before the Delhi Commercial Division, with strict resistance to delay tactics under Section 36(2).

Questions clients ask first