Arbitration Services — Clause, Notice & Award Support
Most business contracts say that disputes go to arbitration, not court. Our arbitration services cover the clause, the notice invoking it, the claim papers and the follow-up on the award. We prepare and coordinate the file. A practising advocate signs pleadings and appears before the tribunal.
What it is
Arbitration is a private way to settle a dispute, and arbitration services start with the clause. You and the other side agree that one arbitrator, or a panel of three, will hear the case and give a binding award. In India the law is the Arbitration and Conciliation Act, 1996. Section 7 requires the arbitration agreement to be in writing, usually a clause in the main contract.
Mediation is different. A neutral mediator helps both sides reach their own settlement and decides nothing. The Mediation Act, 2023 has been in force since 15 September 2023. We help with either route. We read the clause, pick the forum, prepare the papers and track every date. We are not the arbitrator and we do not appear for you. Where a pleading or an appearance is needed, a practising advocate handles it.
Who it applies to
Businesses with an arbitration clause
Partners and shareholders
Parties who prefer a settlement
Why it matters
Get an award on a fixed clock
Keep the court at a distance
Enforce it like a decree
Documents required
The contract
- Signed main agreement with the arbitration clause
- Amendments, purchase orders and work orders
- Any earlier notice or reply
The dispute
- Invoices, ledger account and delivery proofs
- Emails and WhatsApp messages on the dues or defects
- Payment records and bank statements
The parties
- Names, registered addresses, email IDs
- Board resolution or authority letter for a company
- Proposed arbitrator names, if any
How it works
Read the clause and mark the limitation date
We check the seat, the number of arbitrators, the rules and any pre-arbitration steps such as negotiation. Money claims are generally subject to three-year limitation, so we mark that date first. Picture a Faridabad fabricator whose buyer stopped paying. The contract names arbitration, so a civil suit is the wrong first move.
Send the notice invoking arbitration
The notice states the dispute, the claim and a proposed arbitrator or institution. A practising advocate signs it. In practice, the day the other side receives it is the day arbitration starts, under Section 21.
Agree on or apply for the arbitrator
Parties agree on the arbitrator. If they cannot, a party applies to the High Court or Supreme Court under Section 11. Every arbitrator must disclose conflicts, and under Section 12(5) people named in the Seventh Schedule cannot serve.
Prepare the claim and track the award
We assemble the statement of claim, exhibits and the index, with the advocate. Pleadings are due within six months of the arbitrator receiving notice of appointment, under Section 23(4). We then diarise hearings and the Section 29A deadline.
Timelines
Pleadings
Award
Challenge
What happens if you miss a deadline
The claim becomes time-barred
The mandate may end
The award becomes final
Arbitration vs mediation vs court
Which route fits your case? This table gives the practical difference.
| Point | Arbitration | Mediation | Civil suit |
|---|---|---|---|
| Who decides | Arbitrator(s) | Parties, with a mediator | Judge |
| Result | Binding award | Settlement agreement, enforceable like a decree under the Mediation Act, 2023 | Decree |
| Time frame | 12 months from pleadings, Section 29A | 180 days from first appearance, extendable by 180 days with consent | No fixed period |
| Challenge | Section 34, 3 months + 30 days | 90 days on fraud, corruption or impersonation, extendable by 90 days | Appeal |
For commercial disputes with no urgent relief sought, the Commercial Courts Act, 2015 also requires pre-institution mediation under Section 12A before a suit. That is another reason to read the contract early.
Frequently asked questions
Is an arbitration clause enough to start arbitration?
Yes, if it is in writing and covers the dispute. Section 7 of the Arbitration and Conciliation Act requires a written agreement, which can be a clause in the contract or an exchange of letters or emails. We read the clause for its seat, arbitrator count and any pre-steps, then draft the notice. A badly worded clause can usually still be worked with.
How long does arbitration take in India?
The law aims for an award within 12 months of completing pleadings, under Section 29A. Parties can extend by six months by consent, and the court can extend beyond that for sufficient cause. In practice, the first few months go into appointing the tribunal. We track each stage so the clock never surprises you.
Who appoints the arbitrator?
The parties, as the clause provides. If they cannot agree, a party applies to the High Court, or the Supreme Court in an international commercial arbitration, under Section 11. Arbitrators must disclose conflicts, and the Seventh Schedule bars certain relationships under Section 12(5). We prepare the application and a short list of names for you to consider.
Can we settle after arbitration has started?
Yes, at any stage. Parties can settle on their own or through a mediator, and the tribunal can record the settlement as a consent award. A mediated settlement under the Mediation Act, 2023 is enforceable like a court decree. Many disputes end this way. We draft the settlement terms for your advocate to review.
How do we challenge an arbitral award?
File an application under Section 34 within three months of receiving the award. If you show sufficient cause, the court may allow 30 more days, never beyond that. The grounds are narrow, such as invalid agreement, no proper notice or an award against public policy. We prepare the papers and an advocate files the application.
How is an award enforced?
After the Section 34 time runs out, or the challenge fails, the award is enforced as a court decree under Section 36. You file an execution petition in the competent court. Bank accounts and receivables can then be attached under the Code of Civil Procedure. We prepare the execution papers and track each hearing.
Does Taxhint appear as counsel or act as arbitrator?
No. We prepare documents, track dates, coordinate with the advocate and handle the paperwork. A practising advocate signs pleadings and appears. The arbitrator is chosen by you and the other side, or appointed by the court.
Is mediation binding?
A mediated settlement agreement is binding once the parties sign it, and the Mediation Act, 2023 makes it enforceable like a decree. Either side can challenge it within 90 days on grounds such as fraud, corruption or impersonation. Until you sign, you can walk away. We help you test every term before you do.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
Ready to begin?
Send us the contract and the dispute summary. We will read the clause, mark the limitation date and tell you the next step.