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Arbitration
Arbitration is a private method of deciding disputes under an arbitration agreement, governed by the Arbitration and Conciliation Act, 1996.
Published by Master Legal Work · Sources and use of this guide
Stage by stage
Notice invoking arbitration
A party invokes the arbitration clause by notice, proposing an arbitrator where required.
Interim measures
Before or during arbitration, the court may grant interim measures (s.9); the tribunal also has powers (s.17).
Appointment
If the parties do not agree on the arbitrator, the High Court or Supreme Court may appoint one (s.11).
Vidya Drolia v. Durga Trading Corporation, AIRONLINE 2020 SC 929, Supreme Court of India, decided 14.12.2020 · Arbitration and Conciliation Act, 1996
Proceedings and award
Pleadings, evidence and arguments follow; the award is generally to be made within the time in s.29A.
Challenge
An award may be challenged only on limited grounds (s.34), within three months from receipt of the signed award (or disposal of a Section 33 request, where applicable). On sufficient cause, the Court may allow a further thirty days, but not thereafter (s.34(3)).
Ssangyong Engineering & Construction Co. v. NHAI, AIR 2019 SC 5041, Supreme Court of India, decided 08.05.2019 · Arbitration and Conciliation Act, 1996
Enforcement
After the Section 34 filing period expires, an award is enforceable like a decree under s.36, subject to any stay order. Filing a Section 34 challenge does not automatically stay enforcement: a separate stay application and order are required.
What to prepare
- Locate the signed contract and the arbitration clause.
- Note the seat / venue and the appointment procedure in the clause.
- Keep the correspondence that shows the dispute arose.
Documents to keep ready
- Contract with arbitration clause
- Invoices and correspondence
- Notice invoking arbitration
- Any interim orders
Frequently asked questions
Can every dispute go to arbitration?
No. Some disputes are not arbitrable; the Supreme Court explained the test in Vidya Drolia.
On what grounds can an award be set aside?
Only on the limited grounds in s.34, which the Supreme Court interpreted narrowly after the 2015 amendment in Ssangyong Engineering.
Official sources
- Arbitration and Conciliation Act, 1996 (India Code)
- Vidya Drolia v. Durga Trading Corporation, AIRONLINE 2020 SC 929, Supreme Court of India, decided 14.12.2020 (Indian Kanoon)
- Ssangyong Engineering & Construction Co. v. NHAI, AIR 2019 SC 5041, Supreme Court of India, decided 08.05.2019 (Indian Kanoon)
General information only, not legal advice. Statutory references show BNSS / BNS / BSA with the earlier CrPC / IPC / Evidence Act where relevant. Check the precise commencement notification and savings: pending proceedings may remain governed by the earlier procedural law, and the offence date determines the applicable substantive penal law. Judgments are linked as reported; check the full text and any later decisions. Last reviewed 11 October 2026.
Discuss your own matter
Consultations by appointment: in person, by telephone, on WhatsApp or by video call. Your documents can be studied before the meeting.