How the firm assists
Services
Drafting and review of dispute-resolution clauses
Advice and implementation tailored to the right, transaction, dispute and commercial objective.
Pre-dispute strategy and without-prejudice negotiation
Advice and implementation tailored to the right, transaction, dispute and commercial objective.
Domestic and international arbitration support
Advice and implementation tailored to the right, transaction, dispute and commercial objective.
Mediation and settlement structuring
Advice and implementation tailored to the right, transaction, dispute and commercial objective.
Expert determination and neutral evaluation
Advice and implementation tailored to the right, transaction, dispute and commercial objective.
Enforcement and challenge strategy
Advice and implementation tailored to the right, transaction, dispute and commercial objective.
Legal context
Governing framework
The governing framework may include the Arbitration Act, 1940, the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011, contractual dispute clauses, applicable institutional rules and the substantive law chosen by the parties. Mediation and expert determination depend materially on agreement and procedure.
From instruction to outcome
Likely stages
- Review the contract, dispute clause, governing law and notices.
- Define claims, defences, urgency, evidence, value and commercial objectives.
- Select or commence the appropriate negotiated, neutral or adjudicative process.
- Constitute the tribunal or appoint the mediator or expert with conflict checks.
- Manage pleadings, evidence, hearings and settlement opportunities.
- Record settlement, award or determination and address enforcement.
Preparing an instruction
Documents commonly required
- Contract and dispute-resolution clause
- Notices, correspondence and chronology
- Claims, certificates, invoices and payment records
- Technical documents, drawings and expert material
- Witness and documentary evidence
- Settlement proposals and enforcement information
Practical guidance
Frequently asked questions
What is the difference between mediation and arbitration?
A mediator assists the parties to seek an agreed resolution; an arbitrator decides the dispute under the agreed legal framework. Hybrid or staged clauses require careful drafting.
Can technical experts participate?
Yes. Depending on the procedure, technical expertise may be introduced through expert evidence, expert determination, tribunal composition or neutral evaluation.
Is confidentiality automatic?
The position depends on the agreement, applicable rules and law. Confidentiality should be addressed expressly in the clause, procedural orders and information-handling arrangements.
Relevant experience