Arbitration & Alternative Dispute Resolution

Overview

Judicium Arbitration is a premier arbitration and alternative dispute resolution firm in North India, with offices strategically located in New Delhi, NCR, and Chandigarh. Our arbitration and ADR practice resolves complex domestic and international commercial disputes through arbitration, mediation, and conciliation under the Arbitration and Conciliation Act, 1996, as amended in 2015, 2019, and 2021, read with the Commercial Courts Act, 2015 and India's New York Convention obligations. We act as counsel and advise on arbitrator appointments under Section 11, Section 9 and Section 17 interim relief, setting-aside challenges under Section 34, and enforcement of domestic and foreign awards, including ad-hoc and institutional references before DIAC, MCIA, ICC, SIAC, and LCIA. Typical clients include construction and infrastructure majors, banks and NBFCs, real estate developers, and joint-venture partners. We appear before the Delhi High Court, Punjab & Haryana High Court, and the Supreme Court of India across Delhi NCR and North India.

1. 1

   Audit the arbitration agreement

   Review the contract for an arbitration clause. Confirm the clause is in writing (Section 7), the instrument is properly stamped under the Indian Stamp Act, 1899 (NN Global), and the seat / venue are clearly identified.

2. 2

   Issue the Section 21 notice

   Serve a written notice on the opposing party invoking arbitration under Section 21 of the Arbitration and Conciliation Act, 1996. The arbitral proceedings are deemed to have commenced on the date this notice is received.

3. 3

   Constitute the tribunal

   If the agreement provides an appointment mechanism, follow it. If the parties fail to agree, apply to the High Court (or Supreme Court for international commercial arbitration) under Section 11 for arbitrator appointment.

4. 4

   Apply for interim relief if needed

   Before tribunal constitution: file a Section 9 application before the appropriate court. After constitution: file a Section 17 application before the tribunal.

5. 5

   Submit the statement of claim

   File the statement of claim before the tribunal within the tribunal-directed timeline, attaching contractual documents, prior correspondence, and computed damages.

6. 6

   Complete pleadings, evidence and hearings

   Statement of defence, replication, evidence by affidavit, cross-examination, and final written submissions. Section 29A requires the award within 12 months of completion of pleadings (extendable by 6 months with consent).

7. 7

   Enforce the award

   If the award is in your favour and unchallenged, enforce it as a decree under Section 36 read with the Code of Civil Procedure, 1908. If challenged under Section 34, defend the challenge before the supervising court.

This is a general guide. For advice on your specific matter, speak to our Arbitration & ADR team.