The Mediation & Arbitration Process
A structured, time-bound legal process to resolve commercial disputes efficiently outside traditional courts.
Legal Notice
Invoke ClauseWe invoke the Arbitration Clause by serving a formal legal notice, clearly defining the dispute and amount.
Tribunal Appt
Sec 11 PetitionIf the other party fails to appoint an arbitrator, we approach the High Court (Sec 11) for appointment.
Claim & Defense
Trial ProcedureFiling Statement of Claim (SOC), Defense (SOD), and Evidence Affidavit followed by Arguments.
Final Award
Binding OrderThe Tribunal passes the Final Award, which is binding on parties and enforceable as a Court Decree.
Strategic Commercial Advocacy
We combine procedural expertise with aggressive advocacy to secure favorable outcomes in complex commercial arbitrations.
Clause Analysis
Reviewing the Arbitration Agreement to determine jurisdiction, seat, and venue to prevent procedural objections.
Sec 9 Relief
Securing immediate Interim Orders from Court to protect subject matter/assets before arbitration begins.
Effective Trial
Presenting diverse evidence and Qualified witnesses to substantiate commercial claims and damages.
Sec 34 Defense
Challenging or Defending the Arbitral Award in Court on grounds of patent illegality or public policy.
Execution (Sec 36)
Filing Execution Petitions to recover the awarded amount by attaching assets/bank accounts of the judgement debtor.
Rights of Parties under A&C Act, 1996
The Act empowers you with specific statutory rights to ensure a neutral, speedy, and binding resolution.
Party Autonomy Sec 11
Absolute freedom to appoint your own technical Qualified as Arbitrator.
Equal Treatment Sec 18
Guaranteed right to a full hearing and equal opportunity to present evidence.
Speedy Disposal Sec 29A
Mandatory conclusion of the entire case within a strict 12-month deadline.
Strict Confidentiality Sec 42A
Total privacy of all trade secrets, arguments, and evidence proceedings.
Interim Relief Sec 17
Immediate tribunal orders to freeze assets and secure the disputed amount.
Right to Challenge Sec 34
Statutory right to appeal against awards that violate Public Policy or Law.
Cost Recovery Sec 31A
Full reimbursement of legal costs from the losing party ("Loser Pays" Rule).
Binding Enforcement Sec 36
The Award acts as a Court Decree and is executable immediately.
Qualified Evidence Sec 26
Right to appoint technical experts to establish complex commercial claims.
Settlement & Conciliation
Not every battle needs a war. We prioritize Conciliation & Mediation to resolve disputes amicably, preserving business value.
Cost Effective
Fraction of the cost compared to full-scale litigation.
Faster Resolution
Disputes resolved in months, preserving critical time.
Relationship Recovery
Strategic mediation to preserve long-term business ties.
Expertise as
Mediation & Arbitration Lawyer
We provide end-to-end legal services from drafting arbitration clauses to enforcing the final award in High Courts.
Construction Disputes
Infra & Real Estate:
- Delay Claims & Damages
- Escalation Costs
- Work Contract Disputes
- Termination of Contract
Domestic Arbitration
Disputes arising out of:
- Commercial Contracts
- Construction & Infrastructure
- Partnership & Business Agreements
- Service & Supply Contracts
MSME Disputes
Samadhan Council:
- Delayed Payment Recovery
- Interest Claims (MSMED Act)
- Facilitation Council
- Statutory Arbitration
Award Enforcement
Execution:
- Execution Petition
- Sec 9 Interim Relief
- Garnishee Orders
- Attachment of Assets
Mediation & Conciliation
Amicable Settlement:
- Mediation Representation
- Statutory Conciliation
- Pre-Litigation Settlement
- Settlement Agreement Drafting
Advisory & Strategy
Legal Opinion:
- Clause Drafting & Review
- Pre-Arbitration Strategy
- Jurisdiction Analysis
- Limitation Opinions
Lok Adalat
Fast-Track Settlements:
- Pre-Litigation Settlement
- Compoundable Offenses
- Decree by Consent
- Family & Business Compromise
Court Interventions
Section 11 Petitions:
- Appointment of Arbitrator
- Termination of Mandate
- Jurisdiction Challenges
- Interim Court Protection
Banking & Finance
Debt Recovery ADR:
- NPA Account Settlements
- Sarfaesi Act Mediation
- Loan Restructuring ADR
- Commercial Loan Disputes
Respondent Shield & Defensive Strategy
We provide a robust, multidimensional defense to protect stakeholders from claims that are false, inflated, or legally unsustainable. Our priority is neutralizing liability before it escalates in Ayodhya & Lucknow Courts.
Jurisdiction
Challenging maintainability and jurisdiction to prevent illegal, time-barred, or vague claims from proceeding.
Defense/SOD
Drafting aggressive Statement of Defence backed by strong Counter-Claims to balance bargaining power effectively.
Liability Reduc.
Evidence-based strategy focused on the dismissal or significant reduction of inflated claim amounts and damages.
Award Defense
Protecting arbitration awards against Section 34 challenges in District Courts and Lucknow High Court.
Key Clients
We represent a diverse clientele ranging from large infrastructure companies to individual investors in high-stakes arbitrations.
Businesses & Companies
Private Limited, Public Entities & Joint Ventures.
Contractors & Developers
Infrastructure, Real Estate & EPC Contractors.
Partnership Firms
Partnership Disputes & Dissolution Matters.
Contractual Disputes
Individuals involved in Agreement breaches.
Types of Disputes Handled
Commercial & Business Contracts
- Breach & Specific Performance: Enforcing contractual obligations and performance.
- Liquidated Damages: Resolving disputes over pre-estimated penalty amounts.
- Termination Disputes: Challenges to "Termination for Cause" or "Convenience".
Construction & Infrastructure
- Delay & Disruption: Claims for Extension of Time (EOT) and prolongation costs.
- EPC & FIDIC Breaches: Disputes under complex infrastructure contract models.
- Variation Claims: Resolving payment for extra items and scope changes.
Partnership & Shareholders
- SHA Breaches: Violations of Shareholder Agreement terms and voting rights.
- Oppression & Mismanagement: Protecting interests of minority/majority holders.
- Firm Dissolution: Settling accounts during partnership separation.
Employment & Consultancy
- Restrictive Covenants: Non-compete and non-solicitation disputes.
- IP Ownership: Arbitration over Intellectual Property created during consultancy.
- Exit Pay: Disputes over severance, bonuses, and profit-sharing.
Supply, Dist. & Franchise
- Inventory & Quality: Rejection of goods and inventory buy-back cycles.
- Territory Breaches: Exclusivity violations and parallel trade disputes.
- Royalty Arrears: Recovery of unpaid franchise fees and marketing levies.
Real Estate & Development
- JDA Disputes: Breach of Joint Development Agreements and lowner-share.
- Lease Enforcement: Lease deed breaches and rent escalation arbitrations.
- Handover Delays: Specific performance of residential/commercial projects.
Arbitration – Common Mistakes to Avoid
Defective Arbitration Clause
A poorly drafted clause (vague seat, venue, or arbitrator appointment mechanism) can lead to years of litigation just to constitute the tribunal (Sec 11 delays).
Delaying Invocation (Sec 21)
Not sending a formal "Notice of Arbitration" immediately upon dispute stops the clock for limitation. Delaying this notice can prove fatal to your claim.
Ignoring Limitation Act
Commercial claims must be filed within 3 years. Arbitration engagement does not automatically extend this period. Failing to file within time bars the remedy.
No Pre-Arbitral Strategy
Proceeding without a clear strategy on evidence, damages quantification, and witness cross-examination often leads to a weak Award that gets set aside.
Procedural Non-Compliance
Ignoring strict timelines for filing Statement of Claim (SOC) or Defense (SOD) under the Act can lead to forfeiture of your right to file pleadings (Sec 25).
Ignoring Interim Relief
Failing to seek Section 9 protection allows the other party to siphon off assets or change the status quo, making the final award a "paper victory" only.