Biswajit Sarkar, Advocates - IP AttorneysAn IP Law firm with global practices
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Practice

Arbitration and Mediation

Resolving disputes privately and efficiently, so that business relationships and confidential information are protected.

Overview

Many disputes over licences, distribution, technology transfer and brand use are better resolved outside court. Arbitration offers a binding decision from a tribunal the parties choose; mediation offers a negotiated outcome that the parties control.

The firm advises on dispute resolution clauses at the drafting stage, represents clients in arbitral proceedings and mediations, and acts in related court applications for interim relief and enforcement.

What we do

Services

  • Dispute Resolution Clauses

    Our legal team drafts dispute resolution clauses for licence and technology agreements under the Arbitration and Conciliation Act, 1996 and other applicable Indian laws. These clauses set out negotiation, mediation and arbitration, the appointment of arbitrators, the seat of arbitration and the law that applies between the parties.

  • International Arbitration

    Cross-border commercial and investment disputes need specialist advice and representation, covering arbitration clauses, the choice of arbitrators, the conduct of the arbitration, interim relief, evidence, and the enforcement or challenge of awards in jurisdictions worldwide.

  • Domestic Arbitration

    Domestic arbitration in India is governed by the Arbitration and Conciliation Act, 1996, which allows commercial and contractual disputes to be resolved by arbitration instead of in court. The Act covers arbitration agreements, appointment of arbitrators, interim measures, the conduct of proceedings and the challenge or enforcement of awards. Our team advises and represents clients at every stage.

  • Court Intervention in Arbitration

    Indian courts take a minimal-intervention approach to arbitration under the 1996 Act. A court may refer parties to arbitration, appoint an arbitrator, grant interim relief and assist in taking evidence, and an award may be challenged on limited grounds. Our arbitration lawyers handle interim applications, appointment of arbitrators, challenges to awards and complete proceedings.

  • Mediation

    Mediation is a cost-effective and quick way to resolve disputes. A neutral mediator helps the parties reach a mutually acceptable solution that protects their interests. Our team handles the entire process, from negotiation to drafting the settlement agreement.

  • Negotiated Settlement

    Intellectual property disputes can often be resolved through strategic negotiation. Settlements such as licensing, franchising and royalty agreements help businesses avoid prolonged litigation. Each settlement agreement should be drafted carefully by a legal expert, covering every important point to avoid future disputes.

Our approach

How a matter progresses

The usual course of a arbitration and mediation matter in India, from first instructions to a final outcome.

  1. Clause and claim review

    We read the dispute resolution clause, check limitation and assess the strength and value of the claim or defence.

  2. Notice or mediation

    We serve a notice invoking arbitration, or propose mediation where a negotiated outcome serves the client better.

  3. Tribunal and interim measures

    We agree on or apply to the court for the appointment of arbitrators, and seek interim measures from the tribunal or the court to protect assets.

  4. Pleadings and hearing

    We prepare the statement of claim or defence, evidence and submissions. A domestic award is ordinarily due within 12 months of completion of pleadings.

  5. Award and enforcement

    We enforce the award as a decree of court, or act in any challenge to it, which must be brought within three months of receipt.

Questions

FAQs

General information only. For advice on your circumstances, please speak to an attorney.

Can intellectual property disputes be referred to arbitration?
Disputes arising from contracts, such as licences, assignments and distribution agreements, can generally be arbitrated. Questions about the grant or validity of a registered right, which operate against everyone, are generally reserved for the Registrar or the courts.
Is mediation compulsory before filing a commercial suit?
Under section 12A of the Commercial Courts Act, 2015, a commercial suit that does not seek urgent interim relief must ordinarily be preceded by pre-institution mediation.
Can a foreign arbitral award be enforced in India?
Awards made in countries that are party to the New York Convention and notified by India can be enforced in India, subject to the limited grounds for refusal in the Arbitration and Conciliation Act, 1996.

Further reading

From our blog

Articles by the firm's attorneys on arbitration and mediation.

All articles

Official sources

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