Expertise
Arbitration & Alternative Dispute Resolution
The Chambers has represented corporate and individual clients alike in international commercial arbitration and domestic arbitration. Anu is a qualified Member of the Chartered Institute of Arbitrators and is experienced in handling voluminous and complex construction arbitrations. We have also been representing government agencies and PSUs in construction arbitrations involving claims for liquidated damages for delays, loss of profits, recovery of encashed bank guarantees, etc.
We handle arbitration-related court proceedings, including challenges to arbitral awards and award enforcement matters, with notable success in cases involving award modification and setting aside proceedings
We believe in settling disputes amicably and advising our clients to opt for mediation and conciliation. Recently, a 20 year old property litigation was resolved through mediation owing to Shyam's able advice and representation.
Reported Judgments
Supreme Court of India2023 SCC OnLine SC 1748
M/s. Bhaskar Raju & Brothers v. M/s. Dharmaratnakar
Appeared before the constitutional bench seeking review of the decision regarding invalidity of an unstamped arbitration agreement. The curative was allowed.
Himachal Pradesh High CourtArb. Appeal No. 11/2016
East India Hotels & Ors. v. State of Himachal Pradesh
Represented Government of Himachal Pradesh in a dispute with Oberoi group pertaining to Wildflower Hall, Mashobra.
Delhi High Court(2023) SCC OnLine Del. 3801
M/s Crest Education v. M/s Career Launcher Pvt. Ltd.
Appeared for Career Launcher in successfully defending an award where damages had been granted for breach of a non-compete clause.
Delhi High Court(2023) 1 HCC Del. 21
Monika Oli v. M/s CL Educate Ltd.
Appeared for CL Educate in a challenge to an arbitral award on the ground of non-service of notice. The award was set-aside.
Delhi High Court(2023) SCC OnLine Del. 4537
NPCC v. M/s Interstate Construction
Successfully challenged an arbitral award where the High Court modified the portion of the award granting compound interest for pendente lite period.
Delhi High CourtOMP COMM No. 117/2023
PCM Stresscon Overseas Ventures Ltd. v. Alstom Transport India Ltd.
Appeared in challenging an arbitral award passed contrary to principles under Section 73 and 74 of Contract Act. The court granted a stay on the award.
Delhi High Court2024 SCC OnLine Del 4964
Trans Engineers India Pvt. Ltd. v. Otsuka Chemicals (India) Pvt. Ltd.
Appeared for the respondent in defending an award passed in a turnkey project. The award was set aside.
Arbitration TribunalICC Arbitration
Ethigen Inc. v. Ion Exchange Ltd.
Represented an Indian manufacturer of active pharma ingredients in a trial followed by final arguments in a London seated ICC Arbitration.
Arbitration TribunalInternational Arbitration
Triune Exhibitors Pvt. Ltd. & Ors. v. RelX Overseas BV
Represented the Respondent in proceedings for interim relief in an international commercial arbitration seated in Bangalore.
Common Questions
What is arbitration in law?
Arbitration is a dispute resolution procedure where parties agree to submit their conflict to an arbitral tribunal instead of a civil court, resulting in a binding decision known as an arbitral award (Arbitration and Conciliation Act 1996, Section 7).
What is an arbitration agreement?
An arbitration agreement is a written contract where parties mutually agree to submit present or future disputes related to a defined legal relationship to arbitration, instead of litigation (Arbitration and Conciliation Act, 1996, Section 7).
What is ADR (Alternative Dispute Resolution)
ADR includes mediation, conciliation and arbitration. Mediation & Conciliation are both voluntary processes where parties bring their dispute before a Mediator or Conciliator who helps the parties arrive at an amicable mutually acceptable settlement. Arbitration is a dispute resolution procedure where parties agree to submit their conflict to an arbitral tribunal instead of a civil court, resulting in a binding decision known as an arbitral award
Can ADR be used in criminal cases?
Yes, but usage is limited primarily to less serious offenses that are compoundable, such as minor assaults, defamation, and matrimonial disputes under Section 498A IPC. Heinous crimes like murder and rape are generally not amenable to resolution through ADR. As far as arbitration is concerned, criminal matters, matrimonial cases, insolvency matters or any other cases which affect rights in rem or relate to the sovereign functions of the government are not arbitrable.
Can arbitral award be appealed or challenged?
Yes, a domestic arbitral award may be challenged before a Court under Section 34 of the Arbitration & Conciliation Act. However, the grounds for challenging an arbitral award are limited to arbitrator's bias, fraud, corruption, violation of principles of natural justice, and patent illegality. A domestic award can also be challenged on the grounds of violation of public policy but a court in Section 34 does not reappreciate evidence. The scope of scrutiny is very limited and specialised advice on the issue is required.