Representation and arbitration for commercial disputes — resolution before the courtroom,
when possible, through mediation, conciliation, and domestic arbitration.
A commercial dispute in India can run through civil litigation, arbitration, or mediation
and conciliation — three routes with very different cost, timeline, and enforceability
profiles, and the choice usually isn't left open by the time a dispute actually arises. It
was decided years earlier, in the dispute-resolution clause of a contract most people signed
without reading closely.
That's also where this usually goes wrong. A boilerplate arbitration clause, copied from an
unrelated template, that doesn't specify the seat, the number of arbitrators, or the
institutional rules clearly enough — so the first fight in a real dispute ends up being
about the arbitration clause itself, before the underlying disagreement is even addressed.
Qalve's approach starts with what the contract actually says, and what relief is actually
needed — interim relief to stop an asset being moved, a final award, or a negotiated
settlement that closes the matter without either side's position becoming public. Where
arbitration is the right route, that includes appointing or acting as arbitrator, seeking
interim relief under Section 9, and pursuing enforcement once an award is in hand.
This practice also drafts the dispute-resolution clauses in new contracts prepared under
Legal Advisory & Documentation
— so the next dispute, if there is one, doesn't start with a fight about the clause itself.
Scope of advisory
What this covers
Pre-Dispute Drafting
Dispute resolution clauses — arbitration, mediation, and jurisdiction clauses drafted to actually work when tested.
Escalation clause structuring — negotiation and notice periods built in before a dispute can be formally commenced.
Arbitration
Arbitrator appointment — for ad hoc or institutional arbitration.
Representation in arbitral proceedings — pleadings, evidence, and hearings.
Interim relief — Section 9 applications where assets or evidence are at risk.
Award challenge & enforcement — Sections 34 and 36 proceedings.
Mediation & Conciliation
Pre-litigation mediation — under the Mediation Act, 2023.
Conciliation — under Part III of the Arbitration and Conciliation Act, 1996.
Civil Litigation
Commercial Court proceedings — under the Commercial Courts Act, 2015, where the dispute value crosses the threshold.
General civil representation — where arbitration isn't available or appropriate.
§ Governing framework
The statutes this is argued from
Primary statute
Arbitration and Conciliation Act, 1996 (as amended)
Interim relief
Section 9, Arbitration and Conciliation Act, 1996
Award challenge
Section 34, Arbitration and Conciliation Act, 1996
Award enforcement
Section 36, Arbitration and Conciliation Act, 1996
Determine whether the dispute actually belongs in arbitration, mediation, or court, based on the contract and the relief needed.
02
Escalate
Pursue mediation, conciliation, or contractual escalation first, where it's the faster route to a resolution that holds.
03
Represent
Arbitrate or litigate the matter, including interim relief where the other side might dissipate assets or breach further.
04
Enforce
Get the award or judgment actually enforced — a win on paper that can't be executed isn't a resolution.
§ Who this serves
Client archetypes
Businesses in an active dispute
Deciding between arbitration and litigation, or already committed to one by an existing contract clause.
Parties needing enforcement
Holding an award or judgment that now needs to be actually executed.
Companies drafting new contracts
Wanting dispute-resolution clauses that won't themselves become the first dispute.
Parties facing a poorly-drafted clause
Needing an existing arbitration or jurisdiction clause interpreted, or challenged.
Is an arbitration award final, or can it be appealed?
An arbitral award isn't appealable on its merits the way a court judgment is. It can be challenged only on limited grounds under Section 34 of the Arbitration and Conciliation Act, 1996 — such as the tribunal exceeding its jurisdiction or a breach of natural justice — not simply because a party disagrees with the outcome.
How long does arbitration take in India compared to litigation?
The 2015 and 2019 amendments to the Act impose a timeline for domestic arbitration — the award generally has to be made within 12 months of the tribunal completing pleadings, extendable by 6 months by consent of the parties, and only by court order beyond that. Civil litigation carries no equivalent statutory clock and can run for years, which is a large part of why commercial contracts increasingly specify arbitration.
Can parties choose a foreign seat of arbitration for an Indian contract?
Yes, where the arbitration qualifies as an international commercial arbitration — typically because one party is based outside India. The choice of seat has real consequences for which country's courts have supervisory jurisdiction over the arbitration and how the resulting award is enforced, which is exactly the kind of clause that needs to be drafted deliberately, not copied from an unrelated contract.
What's the difference between arbitration and mediation?
Arbitration produces a binding decision from a neutral third party — functionally a private judgment, enforceable like a court decree. Mediation, including under the Mediation Act, 2023, is a facilitated negotiation toward a settlement the parties agree to themselves; the mediator has no power to impose an outcome.
Can an arbitral award be enforced like a court decree?
Yes. Under Section 36 of the Arbitration and Conciliation Act, 1996, once the time to challenge an award under Section 34 has passed (or a challenge has been dismissed), the award is enforceable in the same manner as a decree of the court — through execution proceedings against the other party's assets.