Arbitration is a private process in which a neutral arbitrator decides a dispute, and the award is enforceable like a court decree. It is governed by the Arbitration and Conciliation Act, 1996, and is common in supply, construction, services, distribution and financing contracts.
How an arbitration runs
- Notice invoking arbitration (Section 21). This formally starts the arbitration and proposes an arbitrator.
- Appointment. If the parties cannot agree, the High Court (or Supreme Court in international matters) appoints an arbitrator under Section 11. Institutional options include the Madras High Court Arbitration Centre.
- Pleadings. Statement of claim and defence, ordinarily within six months.
- Hearing and award. The award is generally due within 12 months of completion of pleadings (Section 29A), extendable by six months by consent and further by the court.
- Enforcement. Once the time for challenge passes, the award is enforced like a decree (Section 36).
Interim protection
Before or during arbitration, courts can grant interim measures under Section 9, such as securing the amount in dispute, preserving goods or restraining a party from dealing with assets. Once the tribunal is constituted, it can grant similar relief under Section 17.
What we handle
- drafting and invoking arbitration clauses;
- Section 9 and Section 11 applications before the court;
- representing claimants and respondents before arbitral tribunals;
- challenges to awards under Section 34 (generally within three months of receiving the award);
- enforcement of domestic awards, including attachment of bank accounts and property.
Frequently asked questions
How long does arbitration take?
The Act requires the award within 12 months of completion of pleadings, with a possible six-month extension by consent. Most domestic arbitrations conclude within 18 to 24 months of commencement.
Can I go to court if my contract has an arbitration clause?
Generally the dispute must go to arbitration, and a court will refer the parties there if asked. Courts can still grant interim relief under Section 9.
Can an arbitral award be appealed?
Not on its merits. An award can be challenged only on limited grounds under Section 34, such as lack of jurisdiction, procedural unfairness or patent illegality.
This page is general information about Indian law as of 15 October 2026, not legal advice. Every case turns on its own facts. Please speak to a lawyer before acting on it. See our disclaimer.
Tell us what you're owed
We'll review your documents and explain the fastest route to recovery.