Practice Area

Arbitration — Domestic & International Commercial Arbitration

Trial-tested arbitrators and counsel for institutional and ad-hoc proceedings.

Overview

Arbitration rewards preparation, not theatrics. Our team is engaged as counsel and arbitrators in commercial, infrastructure, joint-venture, shareholder, post-M&A and construction disputes — both domestic and international. We draft enforceable clauses, conduct sittings on three continents, and pursue swift enforcement of awards under Indian and foreign law.

India's arbitration landscape has undergone three legislative refreshes (2015, 2019, 2021) and several Supreme Court course-corrections. We track every meaningful judgment from the constitutional and apex civil benches — because in arbitration, a single line in a recent ruling can change the balance of power mid-stream.

Engagements typically begin with clause review or seat/venue analysis, escalate to interim relief under Section 9, proceed through tribunal constitution, written submissions and oral hearings, and conclude with award enforcement or challenge under Section 34. Throughout, we keep our eye on the ultimate question: how is this award going to be enforced — and where?

Counsel Work — From Clause to Closure

  • Drafting arbitration clauses — seat, venue, language, emergency relief, expedited procedure
  • Pre-arbitration negotiation and Section 11 reference applications before constitutional courts
  • Section 9 interim relief — injunctions, attachment, asset preservation
  • Pleadings, document production, witness preparation and cross-examination
  • Closing submissions, costs petitions and interest calculations
  • Challenge to awards under Section 34 and appeals under Section 37
  • Curative review before the Supreme Court in exceptional cases

Institutional & Ad-hoc Tribunals

  • Indian institutions: MCIA (Mumbai), DIAC (Delhi), ICA, IIAC, NPAC
  • International institutions: ICC, SIAC, LCIA, HKIAC, KCAB, AAA-ICDR
  • Three-member, sole arbitrator and emergency arbitrator proceedings
  • Investor-state arbitration under BITs and MITs
  • Sports arbitration and CAS-related disputes

Enforcement of Awards — Domestic & Foreign

  • Domestic awards under Part I — execution as decrees of civil court
  • Foreign awards under Part II — New York and Geneva Conventions
  • Resistance to enforcement on public policy and natural justice grounds
  • Cross-border asset tracing and execution coordination
  • Defence of awards in challenge proceedings under Sections 34 and 48

Sector Expertise

  • Construction & infrastructure (FIDIC, EPC, BOT)
  • JV & shareholder disputes (post-MoU, post-SPA)
  • Energy contracts (PPAs, off-take, supply)
  • Banking & finance (ISDA, syndicated loans)
  • Technology & IP licensing

Recent Indian Arbitration Reforms — What's Changed

The 2015 Amendment introduced a 12-month award deadline (extendable by 6 on consent) and significantly narrowed public policy. 2019 created the Arbitration Council of India and refined neutrality. Post-2021, automatic stay narrowed under Vijay Karia. Cox and Kings (2023, Constitution Bench) reaffirmed the group of companies doctrine. N.N. Global addressed unstamped agreements. We brief clients quarterly on these shifts.

Statutes & Regulations

Key laws governing this practice.

Arbitration & Conciliation Act, 1996 (with 2015, 2019, 2021 amendments)
Indian Stamp Act, 1899
Code of Civil Procedure, 1908
New York Convention, 1958
Bilateral Investment Treaties

Who This Is For

Audiences we typically advise in this area.

  • Companies with arbitration clauses in commercial agreements
  • Foreign investors enforcing or resisting Indian-seated awards
  • Infrastructure & construction firms in EPC/FIDIC disputes
  • Promoters in shareholder disputes seeking confidential resolution
  • Insurance companies in re-insurance and claim arbitrations

Recent Outcomes

Anonymised matter highlights.

Foreign Award Enforced in 14 Months

₹38 cr SIAC award against an Indian counterparty. Defended public-policy challenge under Section 48; secured execution against bank accounts and listed shares in Delhi.

Section 9 Asset Preservation Order Same-Day

Pre-arbitration injunction freezing ₹22 cr in disputed escrow obtained on the same day notice was filed at the Delhi High Court.

Outcomes are matter-specific. Past results are not a guarantee of future performance.

Why K & K

Strategic differentiators in this practice.

  • Counsel with experience as arbitrators — we anticipate tribunal thinking.
  • Cost-disciplined: tight document production and lean witness lists.
  • Award-enforcement strategy mapped from Day 1.
  • Familiarity with Delhi-seated DIAC and Mumbai-seated MCIA procedures.

Frequently Asked

Questions our clients ask first.

Serving Delhi NCR & Beyond

Our office at A-197, LGF, Defence Colony, New Delhi 110024 is the operating base for clients across Delhi NCR — Gurgaon, Noida, Faridabad, Ghaziabad — and pan-India through a vetted local-counsel network. We routinely appear at Saket, Patiala House, Tis Hazari, Karkardooma, Rohini and Dwarka District Courts; the Delhi High Court; and the Supreme Court of India.

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