Court proceedings around arbitration
The Arbitration and Conciliation Act, 1996 leaves several important steps to the courts. The firm appears in these before the Delhi High Court and the commercial courts at the district level:
- Interim measures — Section 9. A party can apply to the court for interim protection before, during or after arbitral proceedings. If the application is made before the arbitration begins, the arbitration must be commenced within 90 days of the order.
- Appointment of arbitrator — Section 11. Where the parties’ procedure fails or a party does not appoint, the High Court or the Supreme Court (for international commercial arbitration) can appoint. The court’s examination at this stage is limited to the existence of the arbitration agreement.
- Challenge to an award — Section 34. A petition to set aside must be filed within three months of receiving the award, extendable by the court by a further 30 days on sufficient cause, and not beyond. The grounds are narrow.
- Enforcement — Section 36. An award is enforceable as a decree, and filing a Section 34 petition does not by itself stay it; a separate application for stay is required, and the court may require deposit.
- Appeal — Section 37 against specified orders.
Representation in the arbitration
For claimants and respondents in institutional and ad hoc arbitrations: the notice invoking arbitration, statement of claim or defence and counterclaim, evidence by documents and witnesses, interim applications before the Tribunal under Section 17, written submissions and oral arguments. The statutory timeline of twelve months from the completion of pleadings, extendable by six months by consent (Section 29A), shapes how a case should be run.
Mediation and settlement
Commercial suits that do not need urgent interim relief must ordinarily go through pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. Mediation is also a practical route in company, partnership and contract disputes where the parties will continue to deal with each other. See the guide on Section 12A mediation and the note on challenging an award under Section 34.
Frequently asked questions
Can a court order be obtained before arbitration starts?
Yes. Section 9 allows interim protection in aid of arbitration, subject to the 90-day condition above and to the principles on injunctions, deposit and attachment.
Is a Section 34 petition an appeal on the merits?
No. The court does not re-appreciate the evidence; it examines only the grounds in the Act, including patent illegality for domestic awards.
General information only. Time limits are strict; take advice immediately on receiving an award.