Practice Area

Alternative Dispute Resolution

Arbitration and mediation aimed at expeditious resolution while preserving relationships.

Overview

The Practice

M/s. RRN Legal advises on and conducts alternative dispute resolution, principally arbitration and mediation, under the Arbitration and Conciliation Act 1996. The work includes drafting arbitration clauses and agreements, advising on the choice of seat, venue and procedure, representing parties in domestic and institutional arbitrations, and acting in related court proceedings.

One of the firm's partners has been appointed to act as an arbitrator and has detailed working knowledge of arbitral procedure, which informs both the conduct of arbitrations and the drafting of the clauses that lead to them. The firm also assists parties in mediation and negotiated settlement.

The firm's ADR practice is integrated with its commercial and litigation work, so that the dispute-resolution mechanism is considered when a contract is drafted, and court support — for interim measures, appointment of arbitrators or enforcement — is available throughout the life of an arbitration.

What We Handle

Areas of Work

Domestic & Institutional Arbitration

The firm represents parties in ad hoc and institutional arbitrations under the Arbitration and Conciliation Act 1996, conducting pleadings, evidence and argument before the arbitral tribunal. The work covers commercial, contractual, construction and shareholder disputes, with attention to the timelines the Act prescribes for completing proceedings.

Drafting Arbitration Clauses

The firm drafts arbitration clauses and standalone arbitration agreements, specifying the number of arbitrators, the seat and venue, the governing rules and the language, so that the clause is workable and enforceable. A well-drafted clause, agreed when the contract is made, avoids disputes about the dispute-resolution mechanism itself.

Mediation & Conciliation

The firm represents parties in mediation and conciliation, including conciliation under the Arbitration and Conciliation Act 1996 and court-referred and institutional mediation, with the aim of reaching a negotiated settlement that resolves the dispute and, where possible, preserves the commercial relationship. A settlement reached through these processes can be recorded so that it is binding on the parties.

Enforcement of Awards

The firm acts in the enforcement of domestic and foreign arbitral awards, which are enforceable as a decree under the Arbitration and Conciliation Act 1996, and in applications to set aside awards on the limited grounds the Act permits. The firm advises on the prospects of challenge and enforcement before the High Court of Madras and the appropriate courts.

Acting as Arbitrator

A partner of the firm has been appointed to act as an arbitrator, conducting proceedings and rendering awards in accordance with the Arbitration and Conciliation Act 1996. This experience on the tribunal side informs the firm's advice to parties on arbitral strategy and procedure.

Our Method

How We Approach This Work

The dispute-resolution mechanism considered when the contract is drafted, not only when a dispute arises.
Arbitration clauses drafted to be workable and enforceable.
Court support for interim measures, appointment and enforcement available throughout.
Settlement through mediation explored where it serves the client.

Relevant forums & statutes: Arbitration and Conciliation Act 1996; Mediation Act 2023; arbitral tribunals, mediation and conciliation centres, High Court of Madras (for appointment, interim measures, challenge and enforcement).

Common Questions

Frequently Asked Questions

Do I need an arbitration clause to arbitrate?

Generally yes. Arbitration requires an agreement in writing, usually a clause in the contract, though parties can also agree to arbitrate after a dispute arises.

Is an arbitral award final?

Largely yes. An award is binding and enforceable as a decree and can be set aside only on the limited grounds in the Arbitration and Conciliation Act 1996.

How is a mediated settlement made binding?

A settlement reached through conciliation or mediation can be recorded in a settlement agreement that is binding on the parties, and in defined circumstances has the status of an award or decree.

Can the firm act as arbitrator in my dispute?

A partner of the firm has been appointed to act as an arbitrator in appropriate matters, separately from the firm's role in representing parties.

Discuss a Dispute Resolution Matter

Contact M/s. RRN Legal to speak with a partner about arbitration, mediation or conciliation.

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