Arbitration & ADR

Efficient Dispute Resolution Through Arbitration, Mediation & Negotiation

Commercial disputes can be time-consuming and disruptive when they escalate into prolonged litigation. Arbitration and other forms of alternative dispute resolution can provide structured mechanisms for resolving disputes outside ordinary court proceedings, where the parties' agreement and applicable law permit.

At Advocate Tarun Mishra & Associates, we advise and represent clients in arbitration and alternative dispute resolution matters, from reviewing dispute-resolution clauses to conducting proceedings and challenging or enforcing arbitral outcomes where legally appropriate.

Our Arbitration Practice

Our work includes:

• ▹Arbitration clause review
• ▹Arbitration strategy
• ▹Pre-arbitration advice
• ▹Appointment of arbitrators
• ▹Initiation of arbitration
• ▹Responses to arbitration notices
• ▹Interim measures
• ▹Statement of claim
• ▹Statement of defence
• ▹Evidence
• ▹Oral submissions
• ▹Procedural applications
• ▹Arbitral awards
• ▹Challenges to awards
• ▹Enforcement-related proceedings

Arbitration Agreement & Clause Review

The arbitration clause can significantly influence how a future dispute will be resolved.

We assist clients in reviewing:

• ▹Arbitration agreements
• ▹Dispute-resolution clauses
• ▹Seat and venue provisions
• ▹Appointment mechanisms
• ▹Number and qualifications of arbitrators
• ▹Institutional or ad hoc arbitration provisions
• ▹Governing law
• ▹Jurisdiction-related provisions
• ▹Procedural requirements

We also advise businesses during contract drafting and negotiation regarding dispute-resolution provisions.

Arbitration Proceedings

We represent clients during arbitration proceedings involving contractual and commercial disputes.

This may include disputes relating to:

• ▹Construction
• ▹Supply
• ▹Services
• ▹Government contracts
• ▹Commercial transactions
• ▹Infrastructure
• ▹Manufacturing
• ▹Pharmaceutical contracts
• ▹Technology
• ▹Partnership and business arrangements

Interim Measures

Certain disputes require immediate protective measures to preserve assets, evidence, contractual rights, or the subject matter of the dispute.

We assist clients with applications for appropriate interim measures before competent courts or arbitral tribunals, subject to applicable law and jurisdiction.

Arbitration Notices & Pre-Arbitration Strategy

The period before arbitration formally begins can be important.

We assist clients in:

• ▹Reviewing contractual dispute clauses
• ▹Preparing legal notices
• ▹Responding to arbitration notices
• ▹Identifying contractual claims
• ▹Preserving documents
• ▹Assessing limitation issues
• ▹Evaluating settlement possibilities
• ▹Preparing for arbitration

Challenges to Arbitral Awards

Arbitral awards may be subject to limited statutory challenge in appropriate circumstances.

We advise clients on:

• ▹Review of arbitral awards
• ▹Grounds of challenge
• ▹Limitation considerations
• ▹Court proceedings
• ▹Enforcement issues
• ▹Post-award strategy

Mediation & Negotiated Resolution

Not every commercial dispute needs to proceed through a fully contested adjudicatory process.

Where appropriate, we assist clients with:

• ▹Settlement negotiations
• ▹Mediation
• ▹Pre-litigation resolution
• ▹Commercial settlement strategy
• ▹Negotiation of settlement terms
• ▹Documentation of settlement arrangements

Our approach considers the client's legal position alongside the commercial consequences of prolonged dispute.

Our Approach

Effective dispute resolution requires more than simply presenting a legal claim. It requires understanding the underlying contract, factual record, commercial objective, evidence, and procedural framework.

We therefore assess:

• ▹The dispute-resolution clause
• ▹Contractual obligations
• ▹Factual chronology
• ▹Documentary evidence
• ▹Monetary claims
• ▹Counterclaims
• ▹Limitation
• ▹Available interim remedies
• ▹Procedural strategy
• ▹Settlement possibilities

Frequently Asked Questions

What is arbitration?

Arbitration is a dispute-resolution mechanism in which parties agree to submit specified disputes to an arbitral tribunal for determination under the applicable legal framework.

Is arbitration always faster than court litigation?

Not necessarily. The duration of an arbitration depends on factors including the nature and complexity of the dispute, procedural issues, evidence, parties, tribunal, and applicable legal requirements.

Can an arbitration award be challenged?

The law provides limited grounds on which an arbitral award may be challenged. Whether a challenge is available depends on the applicable statutory framework and facts.

Can disputes be settled during arbitration?

Yes. Parties may explore settlement during the course of a dispute, subject to the applicable legal and procedural framework.

Arbitration & ADR Counsel

Advocate Tarun Mishra & Associates assists clients with arbitration, mediation, negotiation, and related court proceedings, with advice tailored to the contractual and factual circumstances of each dispute.