Practice Areas | AKB LEX

Proceedings before Arbitrators

The arbitral process under Sections 18 to 27 of the Arbitration and Conciliation Act, 1996, follows a structured procedure after constitution of the arbitral tribunal. Proceedings begin with the claimant filing a Statement of Claim under Section 23, setting out the facts, disputes, and reliefs sought. The respondent then files a Statement of Defence and any counterclaims, followed by rejoinders or replies where necessary. AKB LEX assists clients at every stage by ensuring timely and properly drafted pleadings.

Thereafter, parties exchange documents and submit admissions or denials regarding authenticity, with undisputed documents treated as admitted. Once pleadings and disclosure are completed, parties file affidavits in evidence in accordance with procedures adopted under Section 19. Witnesses are then cross-examined and re-examined, while the firm coordinates evidence preparation and supports counsel during hearings.

After conclusion of evidence, parties submit written submissions, and the tribunal may also hear oral arguments under Section 24 before pronouncing the arbitral award. The award is examined for errors or omissions under Section 33. Parties may seek correction, interpretation, or an additional award within 30 days, and may thereafter pursue remedies for setting aside or enforcement under Sections 34 and 36.

The arbitral process under Sections 18 to 27 of the Arbitration and Conciliation Act, 1996, begins with the claimant filing a Statement of Claim under Section 23, followed by the respondent’s defence and any counterclaims. AKB LEX assists clients in drafting pleadings and ensuring procedural compliance. Parties then exchange documents and file affidavits in evidence under Section 19, after which witnesses are cross-examined and re-examined. Upon completion of evidence, written and oral submissions are made under Section 24 before the tribunal delivers the arbitral award. Parties may thereafter seek correction under Section 33 or pursue remedies under Sections 34 and 36

Stay orders and Interim Reliefs

The Arbitration and Conciliation Act, 1996, provides stay orders/ interim protective remedies through courts under Section 9 and arbitral tribunals under Section 17 to preserve rights pending adjudication.

Under Section 9, parties may approach courts before, during, or after arbitration for interim reliefs such as stay of bank guarantee invocation, restraint on contract termination, protection from dispossession, or preservation of status quo. Proceedings generally involve filing a petition with supporting affidavits and documents, issuance of notice, seeking urgent ex parte relief where necessary, filing of replies and rejoinders, oral hearings, and passing of reasoned orders, with appeals available under Section 37(1)(b). AKB LEX assists clients in preparing and pursuing Section 9 applications, particularly in urgent matters requiring immediate protection.

Once the arbitral tribunal is constituted, Section 17 empowers the tribunal to grant similar interim measures. The process includes filing an interim application, hearing parties, and obtaining enforceable interim orders. The firm also undertakes enforcement proceedings under Section 17(2) in cases of non-compliance

Appointment of Arbitrators

The constitution of an arbitral tribunal begins with examination of the arbitration clause to determine the existence of a valid arbitration agreement, the number of arbitrators, the appointment procedure, qualifications required, and the appointing authority. AKB LEX advises clients on the applicable procedure and compliance with contractual pre-arbitration requirements such as negotiation, mediation, conciliation, or expert determination, non-compliance with which may render invocation premature.

Once preconditions are satisfied, the aggrieved party issues a notice invoking arbitration, specifying the disputes, claims, arbitration clause, and proposed arbitrator. In a three-member tribunal, each party appoints one arbitrator, and the two appointed arbitrators select the presiding arbitrator. The firm manages the invocation process, preserves proof of service, and addresses delays arising from non-response or disagreement.

Where parties fail to agree on appointments, an application under Section 11 may be filed before the Supreme Court in international commercial arbitration or the relevant High Court in domestic arbitration. Such applications include the arbitration agreement, invocation notice, correspondence, and compliance records. Upon appointment by the court, the arbitral tribunal stands constituted and proceedings commence thereafter

Setting aside of awards and Appeals

Section 34 of the Arbitration and Conciliation Act, 1996, permits challenges to arbitral awards on limited grounds such as patent illegality, procedural impropriety, arbitrator bias, breach of natural justice, and conflict with public policy. A Section 34 application must be filed within 90 days from receipt of the award, with a further condonable period of 30 days upon sufficient cause being shown. Beyond 120 days, courts cannot condone delay. AKB LEX assists clients in calculating limitation periods and preparing petitions supported by the arbitral award and relevant documents. Proceedings generally involve filing before the competent Commercial Court or High Court, payment of court fees, issuance of notice, filing of replies and rejoinders, oral arguments, and pronensation of a reasoned order.

Section 37 provides a statutory right of appeal against orders granting or refusing interim measures under Sections 9 and 17, and against orders under Section 34. Appeals in commercial disputes generally carry a 60-day limitation period, while other matters usually allow 90 days. The firm advises clients on maintainability, limitation, and appellate strategy while representing them before appellate courts.

Construction Arbitration

Construction arbitration involves resolution of disputes arising out of engineering, procurement, and construction (EPC) contracts, item-rate contracts, and turnkey or lump-sum agreements. Such disputes commonly arise in relation to projects involving roads, highways, bridges, flyovers, road over bridges (ROBs), subways, railway works, commercial buildings, toll plazas, and other civil infrastructure projects.

Common disputes include:

Non-payment of running account bills;
Retention money disputes;
Illegal or wrongful termination;
Variations and additional work claims;
Invocation or encashment of bank guarantees;
Delay and liquidated damages claims;
Escalation claims relating to labour, fuel, or materials;
Interest claims for delayed payments;
Design and specification disputes; and
Interpretation of contractual obligations.

Important stages include scrutiny of the contract, compliance with contractual and statutory requirements, issuance of notices of claim, and invocation of arbitration within limitation periods prescribed under the Limitation Act, 1963. Resolution often requires examination of measurement books, bills, deviation records, and project correspondence, along with expert evidence where technical disputes arise.

AKB LEX reviews construction documentation, identifies potential claims and liabilities, issues timely notices, and formulates claims or defences based upon detailed documentary analysis.

Infrastructure Disputes

Infrastructure disputes generally arise from contracts involving public authorities and large-scale civil infrastructure projects such as:

National highways;
Expressways;
Toll projects;
Road Over Bridges (ROBs); and
Other public infrastructure works.

These disputes frequently involve extensive documentation and contested issues concerning delays, measurement of work executed, contractual compliance, and allocation of responsibility.

Relevant processes include:

Legal audit of contracts;
Review of risk allocation mechanisms;
Compliance monitoring;
Documentation of delays, variations, extra work, and escalation claims; and
Examination of concessionaire obligations.

Typical claims relate to price escalation, additional work, extension of time, and encashment of performance bank guarantees. Legal audits are undertaken, claim documentation is managed, and advice is provided regarding contractual compliance and dispute management.

This information is intended solely for general informational purposes and does not amount to legal advice. Readers are encouraged to obtain independent legal advice appropriate to their specific circumstances.

Property and land disputes

Property and land disputes commonly arise from competing claims relating to title, possession, partition, specific performance, cancellation of documents, and disputes under builder-buyer or collaboration agreements. Such disputes are governed by statutes including the Transfer of Property Act, 1882, the Specific Relief Act, 1963, the Registration Act, 1908, and the Code of Civil Procedure, 1908, along with applicable revenue laws of the States such as the Punjab Land Revenue Act, 1887, and the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948.

These disputes may concern agricultural, residential, industrial, or commercial properties and often involve complex questions of ownership, possession, mutation, partition, and enforceability of agreements.

This information is intended solely for general informational purposes and does not amount to legal advice. Readers are encouraged to obtain independent legal advice appropriate to their specific circumstances.

International Commercial Arbitration in India

Under Section 2(1)(f) of the Arbitration and Conciliation Act, 1996, "international commercial arbitration" is defined as an arbitration relating to disputes arising out of legal relationships, whether contractual or not, considered commercial under Indian law, where at least one party is a foreign national or resident, a foreign company or body corporate, a foreign government, or an international organization. Such arbitrations may also involve parties of different nationalities, and crucially, the juridical seat of arbitration may be in India or elsewhere, though Part I of the Act applies only when the seat is in India. Governed primarily by the 1996 Act, these arbitrations may be administered under institutional rules such as those of the ICC, SIAC, or LCIA, or conducted as ad hoc proceedings under the UNCITRAL Arbitration Rules. The firm is well-acquainted with the procedural framework in this area, including drafting and review of arbitration clauses, conduct of arbitral proceedings involving pleadings and hearings, and all related aspects of international arbitral practice.

This information is intended solely for general informational purposes and does not amount to legal advice. Readers are encouraged to obtain independent legal advice appropriate to their specific circumstances.

Enforcement of Foreign Awards under the 1996 Act

Part II of the Arbitration and Conciliation Act, 1996, governs the recognition and enforcement of foreign arbitral awards in India under the New York Convention, 1958. A foreign award may be enforced as if it were a decree of a domestic court, subject to limited grounds for resistance set out in Section 48 of the Act. The firm handles enforcement proceedings under Part II, as well as objections to enforcement under Section 48, ensuring that clients are guided through the statutory process while being aware that resistance to enforcement is permitted only on restricted grounds such as incapacity of a party, lack of proper notice, or contravention of Indian public policy..

This information is intended solely for general informational purposes and does not amount to legal advice. Readers are encouraged to obtain independent legal advice appropriate to their specific circumstances.

Recovery Suits before Commercial Courts

Apart from arbitration, commercial disputes may also be pursued through recovery suits instituted before Commercial Courts under the Commercial Courts Act, 2015. Such proceedings are governed by the Code of Civil Procedure, 1908, as amended by the Commercial Courts Act, which prescribes stricter timelines, case management procedures, and limited discovery mechanisms.

Recovery suits commonly relate to:

Outstanding contractual dues;
Price of goods sold and delivered;
Unpaid invoices and running bills;
Claims under negotiable instruments;
Liquidated damages; and
Interest on delayed payments.

The Commercial Courts Act applies to specified commercial disputes under Section 2(1)(c), including disputes concerning infrastructure, construction, supply of goods and services, and land use matters. Commercial suits are subject to expedited timelines, with judgments ordinarily expected within 12 months from the date of filing, extendable by a further six months for sufficient reasons.

Depending upon pecuniary jurisdiction and the nature of the dispute, proceedings may be heard before:

Commercial Courts at the District Judge level;
Commercial Divisions of High Courts; or
Commercial Appellate Divisions of High Courts.

This information is intended solely for general informational purposes and does not amount to legal advice. Readers are encouraged to obtain independent legal advice appropriate to their specific circumstances.

Domain Name Disputes

Domain name disputes generally arise from cybersquatting, bad-faith registration, and competing claims over domain names corresponding to trademarks or trade names. In India, such disputes are governed by the .IN Domain Name Dispute Resolution Policy (INDRP), while international disputes are adjudicated under the Uniform Domain Name Dispute Resolution Policy (UDRP) administered by WIPO and other accredited providers.

Dr. Ashwinie Kumar Bansal has served as an arbitrator appointed by the World Intellectual Property Organization for international domain name and intellectual property disputes since 1997.

The firm advises clients in relation to:

Complaints under INDRP and UDRP mechanisms;
Defence against allegations of abusive domain registration;
Jurisdictional aspects of cross-border domain disputes; and
Recovery of domain names corresponding to registered trademarks