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FAQs

Arbitration & Dispute Resolution

Frequently asked questions about arbitration & dispute resolution in India — answered by Corpus Juris Legal.

Under the Arbitration and Conciliation Act 1996 (as amended in 2019), the statutory timeline for domestic arbitration is 12 months from the date of reference to the arbitral tribunal, extendable by 6 months with party consent. In institutional arbitrations (DIAC, MCIA), proceedings typically conclude in 12-18 months for disputes of moderate complexity. Complex multi-party disputes may take 24-36 months. This is significantly faster than commercial court litigation, which typically takes 5-10 years in India.

Yes. Section 9 of the Arbitration and Conciliation Act 1996 allows parties to approach the court for interim relief — asset protection, injunctions, appointment of receivers — both before and during arbitration proceedings, and after the award but before enforcement. The court can grant interim measures including attachment before judgment, injunctions, and preservation of assets. Courts are generally more receptive to Section 9 applications than regular injunction applications because the underlying dispute will be resolved by the arbitral tribunal.

Yes, but the grounds are narrow. Under Section 34 of the Arbitration Act, an award can be set aside only on grounds of: incapacity of a party; invalid arbitration agreement; lack of proper notice; award beyond scope; tribunal composition contrary to agreement; matter not arbitrable under Indian law; or the award being in conflict with public policy. The "public policy" ground has been significantly narrowed by the Supreme Court — it covers fundamental policy of Indian law, interests of India, and justice or morality. Mere errors of law or fact are not grounds for setting aside an award.