Commercial Arbitration Law Firm in Delhi, India

Commercial Arbitration is our core area of practice. Aegis Legal is known as one of the best arbitration law firm in India under the leadership of A K Singh who is one of the best arbitration lawyer in India. Commercial Arbitration is specific branch of Alternative Dispute Resolution provided under the Arbitration and Conciliation Act, 1996. This type of arbitration is generally used between the companies to settle the dispute in the business relations. The parties often choose to go for this branch of arbitration so that all the business related disputes can be resolved outside court.

There can be times where a commercial dispute can arise in the business relations between the commercial entities and to resolve that disagreement, companies incorporate an arbitration clause in their contracts. If parties at all face any disagreements during the span of the contract then both the parties can resolve their dispute by invoking the arbitration clause.

After invoking the arbitration clause an arbitration tribunal is formed, a panel of arbitrators are then appointed, containing members who are experts in the relevant area of law or industry regarding the dispute, are there to listen and resolve the conflict from the evidence provided by the parties. The decision from the arbitrator is final and legally binding, called an arbitral award, resolving the dispute. Our Firm has separate team for Arbitration Practice including domestic arbitration & International Arbitration, under the leadership of Mr A K Singh renowned Arbitration lawyer in India. The Aegis Legal is the pioneer in the Arbitration practice in India and has been engaged in various top-notch arbitration cases across the country.

There are three types of Commercial Arbitration i.e.,

Ad-Hoc Arbitration: This type of arbitration is more flexible and can also be more in control of the parties because in this particular type of arbitration there is no involvement of the Arbitral Institution. Herein the parties are very well in control while choosing the arbitrators, agreeing on the location and the procedural rules.

Institutional Arbitration: In this type of arbitration there are set guidelines and procedure which are been laid down by the Indian Council of Arbitration (ICA), Delhi International Arbitration Centre (DIAC), Mumbai Centre for International Arbitration (MCIA), India International Arbitration Centre (IIAC), International Centre for Alternate Dispute Resolution (ICADR), New Delhi International Arbitration (NDIC), etc.

International Arbitration: International commercial arbitration follows the same principles as domestic arbitration. However, it is carried out on a global scale and may involve parties from different countries. This type may encompass legislation outside of English law, and arbitrators may instead apply the principles of international law. One benefit of using international commercial arbitration is that it is easy to enforce awards in different countries. The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards allows for the enforcement of arbitral awards in more than 160 countries.

The decision made in arbitration is legally binding. The winning party can enforce the award through the court.

A party may wish to challenge an arbitral award under section 34 of the Arbitration and Conciliation Act, 1996. However, it is worth noting that the grounds to challenge are very limited as arbitration is meant to be final and legally binding.

A party may consider challenging an award if there was a serious irregularity in the proceedings that caused injustice. In very limited cases, a party may consider challenging on a point of law. This means that the arbitrator made a serious error in applying the relevant laws to the case.

Since the last decade, both the Indian Government and Judiciary have recognized arbitration. The Supreme Court of India in one of its decision in A. Ayyasamy v. A. Paramasivam, SC 2016 had held that “Arbitration is essentially a voluntary assumption of an obligation by contracting parties to resolve their disputes through a private tribunal” and that “The duty of the court is to impart to that commercial understanding a sense of business efficacy”.

The recent amendments (Amendment Act 2015, Amendment Act 2018 and Amendment Act 2019) brought to the Arbitration and Conciliation Act 1996 (The Act) have brought about significant changes to the arbitration law in India with an objective to achieve speedy, efficient and effective dispute redressal mechanism, ultimately achieving the purpose for which the Act was enacted in the first place.

One of the significant amendments to the Act was the 2015 amendment which introduced the applicability of Section 9 i.e. possibility of availing interim measures from Indian courts in a foreign seated international commercial arbitration. After this amendment came into force, a party in a foreign seated international commercial arbitration and governed by a foreign law had the power to approach the Indian courts for interim relief provided the parties have not expressly or impliedly excluded the applicability of Section 9 of the 1996 Act.

As per the amended law, the arbitrator is supposed to give the final award in 12 months which could be extended to 6 months with the consent of the parties.

Our firm is consummate in providing felicitous advice on disagreements within the companies through Alternative Dispute Resolution mechanism. We handle arduous domestic arbitration across the country in various sectors which includes Pharmaceuticals, MSMEs, Hospitality, Food Industry, etc. Our proficient team in course of many years have advised and represented before several Arbitral Tribunal around the country. Nowadays the Arbitration proceedings are also conducted through the video conferencing nationwide and for the same our firm and advocates are well-adapted and equipped. Our firm also have vast experience in representing our client before the different High Courts countywide and also before the Hon’ble Supreme Court of India in the proceedings stemming out of the arbitrations including the Appointment of the Arbitration under section 11 of the Arbitration and Conciliation Act, 1996, setting aside of the arbitral award under section 34 of the Arbitration and Conciliation Act, 1996 and also interim orders passed by the Arbitral Tribunal and also in execution proceedings. We endeavor and give our best efforts to make the Arbitration process expedient and serene for our clients. Our Firm has separate team for Arbitration Practice including domestic arbitration & International Arbitration, under the leadership of Mr A K Singh renowned Arbitration lawyer in India. The Aegis Legal is the pioneer in the Arbitration practice in India and known as one of the best arbitration lawyers in Delhi India. The Aegis Legal has been engaged in various top-notch arbitration cases across the country.