Arbitration Proceedings-Alternative Dispute Resolution

Arbitration is a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments.

The arbitration process is similar to a trial in that the parties make opening statements and present evidence to the arbitrator. Compared to traditional trials, arbitration can usually be completed more quickly and is less formal. For example, often the parties do not have to follow state or federal rules of evidence and, in some cases, the arbitrator is not required to apply the governing Law.

With alternate dispute resolution processes becoming more popular and convenient in comparison to traditional dispute resolution mechanisms, Indian companies as well as foreign entities that entered into business transactions with Indian parties are increasingly opting to resolve their commercial disputes through arbitration.

Moreover, the arbitration has received a significant lift in India after the significant amendments that have been made to the Arbitration & Conciliation Act, 1996, In the context of cross-border trade and transactions, arbitration remains the primary dispute resolution mechanism with foreign seat under institutional rules.

It necessitates arbitrations, seated in India, to be conducted in a timely manner with hearings to be conducted on a day-to-day basis. For the effective implementation of this strict timeline, parties require the support of dedicated full-time arbitration teams. We understand the requirement and have created a team that focuses on this practice.

Arbitration at Nitesh Mehra & Associates

The Arbitration Practice team has dedicated arbitration lawyers for handling matters seated in India and overseas. Our office assists clients with resolution of disputes in all areas of general and special practices in a broad range of industrial sectors including Oil and Gas, Power, Mining, Construction and Infrastructure, Real Estate, Entertainment and Media, Banking and Finance, Aviation, Insurance and Reinsurance, International Finance, International Investments, Intellectual Property, Information Technology, Telecommunications, etc.

The team is involved in every aspect of international and domestic arbitration such as:

• Drafting the arbitration clause
• Aiding in the selection of arbitral seat
• Process and advising on the appointment of arbitrators
• Advising and representing clients from the commencement of arbitration until the final hearing of the matter
• Seeking interim measures of protection from courts and arbitral tribunals
• Conducting domestic arbitration under the Arbitration and Conciliation Act. 1996 and ICA rules
• Conducting international arbitration under UNCITRAL and ICC Rules
• Rendering mediation services to clients.
• Enforcing and challenging enforcement of Arbitral Awards
• Representing clients before High Courts and Supreme Court in arbitration petitions
• Advising clients on the appropriate venue of arbitration and choice of procedural and substantive Law
• Appointment of arbitrator through High Court of Delhi and Supreme Court of India
• Representing clients before arbitral tribunals with regard to disputes arising out of agreements containing arbitration clause
• Applying to stay proceedings brought in breach of arbitration clauses
• Draft arbitration agreements and clauses
• Advising clients and handling arbitration cases related to Commercial Contracts, Collaboration Disputes, Contractual Disputes, Construction Agreements, Service Agreements, Joint Venture Agreements, Supply Contracts, Marketing Agreements, Sale Agreements, etc.
• Advising clients on conciliation and mediation matters.
  Advising clients on alternative dispute resolution Laws and procedures.