(Insights on arbitration law and procedure, firm’s arbitration lawyers and practice, field of interest and region of practice, retention process etc.)
With the growth of businesses, trade, and commerce, the possibility of a dispute sprouting is high and the resolution of disputes through civil courts is not only expensive but is also time-consuming and technical. In order to save time, energy and resources litigants these days resort to arbitration to resolve their disputes in an expeditious manner.
With more than 38 years of standing at the Bar, our team of seasoned and well-read lawyers handles arbitration matters in Noida with due diligence and with extreme precaution. Law on Arbitration being flexible enables our office to adopt the procedure which is in the best interest of our clients. Our office gives every endeavor to conclude the arbitration in a just, equitable and timely manner.
Our Arbitration lawyers in Noida are often retained for arbitration matters pertaining to:
CONSULTATION REQUEST FORM
The Firm’s Noida Law Office takes up Sports matters before:
Step-1 Prior appointment
For consultation regarding arbitration matters, a prior appointment is required by filling the above consultation form. If time is of the essence in your matter, you can directly approach us on +917710777770.
To enable us to serve our clients in an efficient manner, Clients are expected to arrive 15 minutes prior to the given time along with:
Step-3 Preparation of arbitration consists of many stages:
Stage three is concluded with the drafting of the matter.
Pleadings are led depending upon the nature of the claim petition. Pleadings may include
Step-5 Final Arguments
**We deject un-ethical and immoral practices, and reserve our rights of extending legal services only to a select clientele which exhibits civility, faith in law, sound moral footing, and good conscience. Our legal counsels defend the ones who have falsely been implicated, and prosecute for those who have actually been victimized – in either case, our counsels reserve their right of exercising discretion in accepting or rejecting a brief/ lawsuit
Public Dealing and Work Timings
Mon – Fri: 10:00am to 6:00pm
Saturday & Sunday: on prior and special request, depending on availability.
#101, Tower 12, Supreme Court Bar Association Residency, Sector 99, Noida.
Arbitration proceedings can be initiated if there is a specific arbitration clause in the agreement executed between the parties, or if there is a special agreement to the effect dispute between the parties shall be settled via arbitration. 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. In case there is a statement of claims and defenses in which the existence of an arbitration agreement is alleged by one party and not denied by others, it is considered as a valid written arbitration agreement.
1. Notice for invoking arbitration
The first and foremost is to send a notice to the opposite party stating the reasons for invoking arbitration proceedings and for seeking objections if any.
2. Appointment of arbitrator(s)
Parties to an arbitration agreement may decide any number of arbitrators for proceedings, however, it should not be an even number. Certain other embargoes are to be kept in mind:
a. The arbitrator should be qualified and technically competent to adjudicate on the issue.
b. The arbitrator shall not have any relation, whatsoever, either with the disputing parties or with the subject matter of a dispute.
c. An arbitrator must be an independent and impartial entity.
The procedure of Arbitration Proceeding
Unlike civil litigation, Arbitration proceedings are not governed by Code of Civil Procedure or Indian Evidence Act. The parties to the proceedings are at liberty to frame their own procedure pertaining to preferred language, place of proceedings, etc.
Presenting claim and evidence
Once the arbitration proceedings are commenced, the arbitrator shall give an opportunity to the claimant and the respondent to present their claim and defense along with their respective documents/evidence.
In case a party fails to encash the opportunity to present a defense or file a claim, the arbitrator may proceed without the presence of any representation of a failing party. After the parties represent their case, the arbitrator may make efforts to reconcile the dispute by opting for mediation and conciliation.
If mediation and conciliation fail, then the arbitrator shall continue to decide on merits and pass an award after due consideration of written pleadings, documents, and submissions filed by the parties.
Recourse against Award
Any award passed by an arbitrator cannot be challenged by way of an appeal or revision, however, the party aggrieved of an award may approach the Session Court of a district where the proceedings were commenced with objections as to the validity of the Award under the grounds mentioned in the Act. Any order passed by the court whether allowing the objections to an award or refusal to set aside the award can be challenged in an appellate court by way of an appeal.
Above-named counsels are well-versed in arbitration law, the names are arranged per seniority of position with the firm.
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