BRUS CHAMBERS, Solicitors
: DOMESTIC ARBITRATION
Brus Chambers attends to commercial domestic arbitration anywhere in India. Domestic arbitration takes place when the arbitration proceedings, the subject matter of the contract and the merits of the dispute all are governed by the Indian Law, or where the parties to the contracts are subject to Indian jurisdiction or when the cause of action for the dispute arises wholly in India.
Essentials of Indian Domestic Arbitration:
Arbitration to take place in India; The subject matter of contract in India; The merits of the dispute are governed by the Indian law; The procedure of arbitration is also to be governed by the Indian Law.
Our team conducts domestic arbitration anywhere in India by representing the claimants or the respondents. Also our arbitration related litigation services relating to domestic arbitrations (Domestic arbitrations and India seated International Arbitrations) include the following:
Drafting of Arbitration agreements;
Interim orders under S.9 of the Arbitration and conciliation Act,1996;
Reference orders under S.8 of the Arbitration and Conciliation Act 1996;
Applications seeking appointment of Arbitrations under S.11;
Challenge to Appointment of Arbitrators under S.13;
Preparation of Claims and Replies;
Enforcement of Arbitral awards;
Application seeking to set-aside arbitral award under S.34;
Appeal to Supreme Court of India
Ad-hoc Arbitrations in India:
In India still most of the arbitrations are Ad-Hoc Arbitrations, because in most of the states in India there are no well-established arbitral institutions. Moreover parties do not draft detailed arbitration clauses specifying the procedure of appointment of arbitrators and hence the arbitration clause becomes an Ad-Hoc Arbitration clause. There are retired judges practicing as arbitrators in India and there are very few technical arbitrators with exposure to law. Most of the court appointed arbitrators prefer Ad-Hoc Arbitrations since they can conduct the proceedings as per their convenience and charge fees as per their appreciation of the work. The Firm and its partners have conducted and succeeded in many Ad-Hoc Arbitrations before various arbitrators including Supreme Court Judges, High Court judges and technical arbitrators.
The main disadvantages in opting for an ad-hoc arbitration are, possibility of delay in the court in getting the arbitrator appointed through an application under S.11 of the act, a pro-longed proceedings, high un-transparent arbitration fee structure etc., But some of the efficient ad-hoc arbitrators handle the cases more effectively than some of the less efficient arbitral institutions. But still as a general Rule, it is advisable for the parties to incorporate and efficient arbitral institution instead of leaving it for ad-hoc arbitration.
Institutional Arbitrations in India:
Institutional arbitration is popular in foreign countries than the ad-hoc arbitrations for various reasons. The arbitral Institutions have fixed court fees, qualified arbitration panel, rules governing the arbitration proceedings etc., which help smooth and orderly conduction of arbitration proceedings. But India has very less number of popular and efficient arbitral Institutions