Arbitration Lawyers in Chandigarh


  • Owing to India’s huge and highly competitive business industry, business disputes are on a rise. While the resolution of disputes through process of the court can be tedious and lengthy, Arbitration provides for a comparatively easier and economical solution. While arbitration enables businesses to settle their disputes expeditiously, at the same time, it is important to have the best arbitration lawyers onboard especially in cases where the stakes are high. Unfortunately, a lost case in arbitration can bring irreversible losses. A seasoned arbitration lawyer can rightly guide through the process of arbitration and can help make a substantial difference in the result of the case.

    Arbitration Lawyers in Chandigarh

    Arbitration is a process of dispute resolution between the parties and an effective alternative to litigation. It is governed by “The Arbitration and Conciliation Act, 1996”. The process of arbitration can commence only if there exists a valid Arbitration Agreement between the parties prior to the emergence of the dispute. Such an agreement must be in writing. The contract, concerning which the dispute arises, must either contain an arbitration clause or must refer to a separate document signed by the parties containing the arbitration agreement. The existence of an arbitration agreement can also be inferred by written correspondence such as letters, telex, telegrams, emails etc. which provide a clear record of such agreement.

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    Practice Expertise of our arbitration lawyers in Chandigarh:

    • Appointment & challenging the appointment of Arbitrator(s).
    • Drafting & Pleading of a claim/ defending a wrongful claim.
    • Challenging wrongful procedure/ proceeding.
    • Appeal against a wrongful/ injurious order/ award.

     

    HISTORY OF EVOLUTION OF ARBITRATION LAW IN INDIA:

    The concept of arbitration in India is not a new concept. India has had a long tradition of arbitration. In ancient India, in case any dispute arose, people chose to settle the matter on their own. In fact, there were different grades of arbitrators with provisions for appeals in certain cases from the award of a lower grade of arbitrators to arbitrators of the higher grade.

    You may find the history of arbitration law in India a quite amusing one.

    • Ancient texts of Yajnavalka and Narada refer to three types of popular courts Puga, Sreni, Kula.
    • In villages, still, the disputes are settled by Panchayats as a form of alternative dispute resolution.

    Before Arbitration was recognized by the Code of Civil Procedure, arbitration was encouraged as a mode of settlement of disputes by the Bengal Regulation of 1772, 1780, 1781 and the Cornwallis Regulation of 1787. Thereafter, the Bengal Regulation of 1793, the Madras Regulation of 1816 and the Bombay Regulation of 1827 provided for arbitration. Again in the years 1877 and 1882, the concept of arbitration was found in Codes for Civil Procedure. However, there was no notable change in the law relating to arbitration in these amendments.

    In the year 1899, the Indian Arbitration Act came into force which specifically dealt with laws relating to Arbitration, but, the Act did not apply to disputes which were a subject matter of suits. The scope of this Act was only limited to arbitration agreements and that too only in Presidency towns. In the year 1908, the Civil Procedure Code was amended and pursuant to the amendment the limit of arbitration to only Presidency Towns was removed.

    In the mid-1920s, the Civil Justice Committee was appointed to report on the machinery of “civil justice in the country” which made suggestions for modification of arbitration laws. However, owing to anticipation of taking cues from the British Arbitration Laws, it was finally in 1938 that the Government of India appointed an officer to revise the Arbitration Law. As a result, the first Arbitration Act of the country was enacted in 1940.

    The scope of the 1940 Act remained silent on the execution of foreign awards. In fact a separate law and Foreign Awards (Recognition and Enforcement) Act, 1961 was applied to the enforcement of awards under the Geneva Convention, 1927 and New York Conventions to which India was a signatory. Over time, the working of the 1940 Act was found to be unsatisfactory due to too much court intervention.

    In 1977, the functioning of the 1940 Act was questioned and examined by the Law Commission of India on grounds of delay and hardship caused due to clogs that affect smooth arbitral proceedings. The Commission instead of reworking the entire framework of the Act recommended amendment of the provisions, consequent to it. The Arbitration and Conciliation Act, 1996, was enacted by keeping in mind the 1985 United Nations International Commission on International Trade Law (UNICTRAL) model law and rules.

    However, the amendment Act of 1996, did not solve the main purpose to remove the practical problems. Various Committee reports like highlighted these challenges, check out some of them.

    • The 176th report of the Law Commission (2001).
    • Justice B.P. Saraf Committee (2004).
    • The reports of the Departmental Related Standing Committee On Personnel, Public Grievances.
    • Law And Justice (2005).
    • The 246th report of the Law Commission (2014)

    Ultimately the Arbitration and Conciliation (Amendment) Act, 2015 brought in crucial changes to the 1996 statute to overcome the shortcomings.

    For more information and professional consultation regarding arbitration matters, our expert arbitration lawyers in Chandigarh can be contacted from Monday to Friday between 10:00 am to 6:00 pm and between 10:00 am to 2:00 pm on Saturdays.

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    HOW TO INITIATE ARBITRATION PROCEEDINGS

    First and foremost, one must know the process of invocation of arbitration to avoid any ambiguity.

    • Arbitration proceedings can only be initiated when there is a specific arbitration clause in the agreement executed between the parties or there is a special agreement to the effect that in case any dispute between the parties arrise it shall be settled via arbitration proceedings.
    • The existence of an arbitration agreement can be implied by written correspondence such as letters, telex, or telegrams which provide a record of such agreement.

    GROUNDS FOR CHALLENGING THE APPOINTMENT OF AN ARBITRATOR

    The grounds of the challenge of an arbitrator are mentioned in section 12 of the amendment Act of 2015.

    • Appointment of an arbitrator can be challenged only if circumstances exist that from the perspective of a reasonable third person, having knowledge of the relevant facts, give rise to justifiable doubts as to the independence or impartiality of the Arbitrator.
    • Or, if the Arbitrator is not qualified as per the agreement between the parties.
    • An arbitrator shall not continue or agree to be an arbitrator if he has a doubt as to his or her ability to be impartial or independent, or if the arbitrator is a legal representative of a party in the arbitration, or if the arbitrator has a significant financial or personal interest in the matter at stake.
    • The parties can adopt its own procedure to challenge an arbitrator, subject to mandatory court control of the challenge as provided for by the arbitration law in force at the seat of the arbitration.

    After the arbitration proceedings are initiated the parties lead their defense and their evidence, and, thereafter, an arbitral award is passed. Arbitration is an alternative method of dispute resolution and accordingly, the award is to be passed within twelve months from the date arbitral tribunal enters upon the referral. And then this period of twelve months can be extended up to six months by the written consent of both parties. However, if the proceedings are not completed within the extended period, the mandate of the arbitrator shall terminate unless the Court has, either prior to or after the expiry of the period so specified, extend the period.

    STAGES OF ARBITRATION Followed by Our Alternative Dispute Resolution Lawyers in Chandigarh

    Chapter I
    General Provisions
    Section 3
    Notice for invoking arbitration and reply by another party
    Chapter III
    Composition of Arbitral Tribunal
    Section 10, 11
    Appointment of arbitrator/s
    Chapter V
    Conduct of Arbitral Proceedings
    Section 18, 19, 20, 22
    Equal treatment of parties, determination of rules and procedure, place of arbitration, language.
    Chapter V
    Section 21, 24
    Commencement of Arbitral Proceedings, hearing and written proceedings
    Chapter II
    Interim measures by court and the arbitral tribunal
    Section 9, 17
    Interim reliefs in aid of arbitration
    Chapter V
    Statement of claims and defense
    Section 23, 24
    Oral Hearings and written proceedings
    Chapter VI
    Making or arbitral award and termination of Arbitral Proceedings
    Section 31, 32
    Arbitral Award and termination of Arbitral proceedings
    Chapter VII
    Recourse against Arbitral Award
    Section 34
    Challenge the award of the arbitrator
    Chapter VIII
    Finality and enforcement of Award
    Section 35, 36
    Execution of Award passed by the arbitrator
    Chapter IX
    Appeals
    Section 37
    Appeals to Appellate Court and Supreme Court of India

    LANDMARK JUDGMENTS

    Whether in a Section 34 Petition the Court has the Jurisdiction to remand the matter to the Arbitrator?

    Radha Chemicals v. Union of India Civil Appeal No. 10386 of 2018

    The Supreme Court reaffirmed its stand was taken in Kinnari Mullick and Another vs. Ghanshyam Das Damani, (2018) 11 SCC 328. It was held that the court while deciding a Section 34 petition has no jurisdiction to remand the matter to the Arbitrator for a fresh decision. Further, it was held that the discretion of the Court under Section 34(4) to defer the proceedings for specified purpose is limited. And it can be invoked only upon request by the party prior to setting aside of the Award.

    Limit on Fresh Evidence for Adjudicating Challenge to Arbitral Award

    M/s Emkay Global Financial Services Ltd. v. Girdhar Sondhi Civil Appeal No. 8367 of 2018

    The court held that an application for setting aside an arbitral award will not ordinarily require anything beyond the record that was before the Arbitrator. However, if there are matters not contained in such record, and are relevant to the determination of issues arising under Section 34(2)(a). They may be brought to the notice of the Court by way of affidavits filed by both parties. Cross-examination of persons swearing to the affidavits should not be allowed unless absolutely necessary. As the truth will emerge on a reading of the affidavits filed by both the parties.

    Limitation Period for setting aside an Award:

    Anilkumar Jinabhai Patel (D) V Pravinchandra Jinabhai Patel Civil Appeal No. 3313 of 2018 arising out of SLP (C) No.15668 of 2012

    Limitation period prescribed under Section 34(3) of the Arbitration Act, 1996 would commence only from the date of the signed copy of the award delivered to the party making the application for setting it aside. Further, the court held that Section 31(5) of the Act requires a signed copy of the award to be delivered to each party.

    Section 34 (3) of the Arbitration Act tantamount to an “express exclusion” of Section 17 of the Limitation Act

    P Radha Bai v Ashok Kumar 2018 SCC Online SC 1670

    The court held that the phrase “but not thereafter” in Section 34(4) of the Act nails the legislative intent of giving “finality” to the Arbitral Award by fixing an “outer boundary period” for challenging an award.

    M/s Simplex Infrastructure Ltd. v Union of India 2019 2 SCC 455

    In this case, the court held that the statutory time limit to challenge an Arbitral Award has to be strictly adhered to.

    Meaning of Public Policy

    M/S Lion Engineering Consultants v State of M.P. & Ors. Civil Appeal NOS. 8984-8985 OF 2017

    The Hon’ble Supreme Court has held that the public policy of India refers to the law in force in India whether State law or Central law. Further, the court held that there is no bar on the plea of jurisdiction being raised by way of an objection under Section 34 of the Arbitration Act, 1996 even if no such objection was raised under Section 16.

    Whether prior notice of an application under Section 34 is a directory or mandatory?

    The State Of Bihar & Ors. v. Bihar Rajya Bhumi Vikas Bank Samiti Civil Appeal No. 7314 of 2018

    Contrasting Section 34(5) with Section 80 of the Code of Civil Procedure, the court observed that to construe such a provision as being mandatory would defeat the advancement of justice. And therefore, prior notice to other parties before filing an application to set aside an arbitral award is not mandatory and is merely directory.

    Whether non-stamping of a Foreign Award would render it unenforceable?

    Shriram EPC Limited v. Rioglass Solar SA 2018 SCC Online SC 1471

    The Supreme Court held that since a foreign award, is not contained within the expression “award” in Item 12 of Schedule I, it is not taxable under the Indian Stamp Act, 1899. And thus, non-stamping of the foreign award would not render it unenforceable under section 49 of the arbitration act.

     

    Why Choose B&B Associates for Best Arbitration Lawyers in Chandigarh?

    Disputes settlement is not an easy skill to grasp. A law degree is not the only thing that makes one a proficient arbitration lawyer. One who is good at managing people, understanding their matters and manipulating available resources to help them reach suitable reconciliation, can prove a successful arbitration lawyer. Most probably, these arbitration matters are related to commercial disputes. Among top law firms in Chandigarh, B&B Associates is an eminent entity in the region which is redressing a number of disputes in arbitration matters.

    B&B Associates LLP offers impeccable legal services in Chandigarh and the attorneys here are thoroughly conversant with the law. Our arbitration experts in Chandigarh High Court investigate the entire matter to look before every facet of the dispute. Our team is quick-witted and assiduous which are few of the major must-have qualities of a lawyer. Among top arbitration lawyers in Chandigarh, our proficient advocates are  preferred.

  • Synopsis of Arbitration & Conciliation Amendment Act 2019

    Synopsis of Arbitration & Conciliation Amendment Act 2019

    With the growing industrialization, the number of commercial disputes is also becoming prevalent simultaneously. So the government has taken

    Landmark Judgments On Arbitration

    Whether in a Section 34 Petition the Court has the Jurisdiction to remand the matter to the Arbitrator? Radha Chemicals v. Union of India Ci

    How To Initiate Arbitration Proceedings

    First and foremost, one must know the process of invocation of arbitration to avoid any ambiguity. Arbitration proceedings can only be initi

    History Of Evolution Of Arbitration Law In India

    The concept of arbitration in India is not a new concept. India has had a long tradition of arbitration. In ancient India, in case any dispu

    Arbitration Procedure and Rules

    Continual trade expansion with the participation of various countries in different business projects has brought revolutionary changes in th

    Is Arbitration effective in India?

    Is Arbitration effective in India?

    An alternative to litigation, arbitration is a mechanism which ensures speedy resolution of contractual disputes. Governed by “The Arbitra

    Alternative Dispute Resolution u/s 89 CPC

    Alternative Dispute Resolution u/s 89 CPC

    Overview Alternative Dispute Resolution u/s 89 CPC or the ADR is machinery specially designed to provide an alternative to the conventional

    Arbitration And Conciliation (Amendment) Act 2015

    Arbitration And Conciliation (Amendment) Act 2015

    Overview: The procedure of resolving an argument by guiding people to an acceptable solution sans lengthy court proceedings comes under Alte

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Head Office
#588, Sector 6
Panchkula, Haryana, 134109

Chandigarh
#624 Sector 16-D
Chandigarh, 160015

Panchkula
#52, Swastik Vihar-II MDC
Sector 5, Panchkula, 134114

Faridabad
360, Sector 19 ,
Faridabad Haryana 121007

Noida
501, KT – 4, Jaypee’s Wish Town,
Sector 128, Noida, NCR 201304

Dehradun
A-1-4 Pinnacle Residency,
Rajpur Road, Dehradun

Lucknow
565KA/94, Amrudhi Bagh, Singar Nagar,
Alambagh, Lucknow, Uttar Pradesh 226005

Ludhiana
#33, Sector 2, Guru Gian Vihar,
Jawaddi Taksal, Ludhiana, Punjab 141002