When Commercial Disputes Need a Faster, Smarter Resolution
Arbitration has become the forum of choice for resolving high-value commercial disputes in India — and increasingly, for cross-border matters involving Indian parties. It offers confidentiality, specialist decision-makers, procedural flexibility, and in most cases, a significantly faster path to resolution than conventional litigation through the civil court system.
But arbitration is only as effective as the counsel representing you in it. An arbitral proceeding conducted without thorough preparation, precise pleadings, and strategic management of evidence tends to produce outcomes that reflect those deficiencies — and unlike court judgments, arbitral awards are difficult to challenge even when they’re wrong.
August Attorneys LLP, led by Mr. Shailendra Singh — Advocate and Accredited Mediator of the Supreme Court of India — has a practice built on doing arbitration properly. Mr. Singh’s dual expertise as a courtroom advocate and accredited mediator gives the firm a distinctive advantage: we understand arbitral procedure from the inside and we know, at every stage of a proceeding, whether continuing to arbitrate serves the client’s interests better than exploring a negotiated resolution.
The Legal Framework — and Why It Keeps Evolving
The Arbitration and Conciliation Act, 1996 has been amended three times — in 2015, 2019, and 2021. Each amendment has shifted the balance between tribunal autonomy and court supervision, tightened timelines, clarified the scope of Section 34 challenges, and expanded the appointment mechanism for arbitrators. Keeping pace with these changes, and with the Supreme Court and Delhi High Court judgments that regularly interpret and sometimes reframe them, is essential for effective arbitration counsel.
Mr. Shailendra Singh tracks developments in arbitration jurisprudence closely. His appearances before the Supreme Court and Delhi High Court in arbitration-related matters give the firm direct visibility into how Indian courts are currently interpreting the Arbitration Act — insight that directly informs our approach to drafting arbitration clauses, structuring proceedings, and advising on the merits of challenges.
International Arbitration and Cross-Border Matters
Through August Attorneys LLP’s alliances with law firms in Dubai, Singapore, the United Kingdom, and the United States, we are equipped to advise on and coordinate participation in international arbitrations across multiple seats and institutional rules. For Indian parties involved in LCIA, ICC, or SIAC proceedings, we provide Indian law advice, coordinate with overseas co-counsel, and ensure that the Indian legal position is clearly and accurately represented in the international forum.
For foreign parties with arbitration clauses governed by Indian law or seated in India, we provide a full service — from advisory at the outset through to enforcement or challenge proceedings.
When Arbitration Isn't the Right Answer
Not every commercial dispute is best resolved through arbitration. Sometimes a well-timed mediation, a structured negotiation, or a pre-suit letter achieves a better outcome faster and at lower cost. Mr. Shailendra Singh’s background as an Accredited Mediator means that at every stage of a dispute, the firm can give genuinely informed advice on whether arbitration remains the most efficient route — or whether an alternative should be explored.
We don’t push clients into arbitration proceedings that don’t serve their interests. We advise on the full landscape of options and recommend the path most likely to produce the outcome the client actually needs.
- Free initial case consultation included
- Litigation value up to 2 million dollars
- Affordable legal representation options
- Client is legally challenged / under disability
- Case involves multiple legal links to be removed
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Can an arbitration clause be enforced if the contract containing it is disputed?
Yes, in most cases. The doctrine of separability, recognised under the Arbitration and Conciliation Act, 1996, treats the arbitration clause as a separate agreement from the main contract. A dispute about the validity of the underlying contract does not automatically invalidate the arbitration clause.
What are the grounds for challenging an arbitral award under Section 34?
Section 34 grounds include incapacity of a party, invalidity of the arbitration agreement, lack of notice, the award being beyond the scope of the arbitration, improper tribunal composition, and conflict with public policy of India. Indian courts interpret these grounds narrowly — most awards withstand Section 34 challenges.
How long does arbitration typically take in India?
Under the 2015 amendments, the Act mandates completion within 12 months of tribunal constitution, extendable by 6 months with party consent and beyond that with court permission. In practice, timelines vary, but commercial arbitrations handled by experienced counsel are generally resolved significantly faster than equivalent civil court litigation.
Is an arbitration award enforceable against assets in other countries?
India-seated awards can be enforced in countries that are signatories to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958. We advise on cross-border enforcement strategy in coordination with our overseas partner firms.