Dispute Resolution

Yes, but only on limited grounds. An application to set aside an award under Section 34 of the Arbitration and Conciliation Act must be made within three months of receiving it, which the court may extend by a further thirty days for sufficient cause, and no more. The court does not rehear the case on its merits. It examines matters such as a party's incapacity, invalidity of the arbitration agreement, lack of proper notice, the tribunal exceeding its jurisdiction, conflict with the public policy of India and, in domestic arbitrations, patent illegality appearing on the face of the award. Filing a challenge does not by itself stop enforcement; a separate application for stay is needed, and the court may require security.

Apply to the court under Section 8 of the Act to refer the parties to arbitration, with the original arbitration agreement or a certified copy of it. The application must be made no later than the date on which you submit your first statement on the substance of the dispute. If you file a written statement on the merits without seeking a reference, you may be treated as having given up the right to arbitrate in that suit.

In a domestic arbitration the Act requires the pleadings to be completed within six months of the arbitrators receiving notice of their appointment, and the award to be made within twelve months of the pleadings being completed. The parties may extend that period by six months by consent; any further extension requires an application to the court, which may impose conditions. In practice the duration also depends on the volume of evidence and the conduct of the parties.

A settlement reached in court-referred mediation is placed before the court, which can record it and pass a decree in its terms. A settlement reached in pre-institution mediation under the Commercial Courts Act has the same status and effect as an arbitral award on agreed terms. The Mediation Act, 2023 sets out a broader framework under which a mediated settlement agreement is to be enforceable like a court judgment and open to challenge only on narrow grounds such as fraud, corruption or impersonation. At the time of writing only parts of that Act, chiefly those concerning the Mediation Council of India, have been brought into force, so its enforcement provisions are not yet operative and the regime that applies should be checked for each matter.

A Lok Adalat is a forum organised by legal services authorities at which disputes, whether pending in court or not yet filed, are resolved by agreement. Its award is deemed to be a decree of a civil court, is final and binding on the parties, and cannot be appealed. Where a case referred from a court is settled before a Lok Adalat, the court fee paid in it is refunded in the manner provided by court-fee law. A Lok Adalat cannot impose a decision: if the parties do not agree, the case returns to the regular court. Permanent Lok Adalats for public utility services are different, as they may decide a dispute on its merits if conciliation fails.

Yes. Under Section 9 a party may ask the court for interim measures, such as preserving property, securing the amount in dispute or an injunction, before or during the arbitration, or after the award but before it is enforced. If relief is granted before arbitration begins, the arbitral proceedings must be commenced within ninety days or such further time as the court allows. Once the tribunal is constituted, applications for interim measures ordinarily go to the tribunal under Section 17, and its orders are enforceable as if they were orders of the court.