International Arbitration
Cross-border commercial disputes with an Indian party, Indian assets or Indian law: arbitrations seated in India, Indian-law counsel in arbitrations seated abroad, interim relief from Indian courts, and enforcement of foreign awards in India.
Where a cross-border dispute meets Indian law
Foreign companies contracting with Indian businesses usually provide for arbitration, often seated in Singapore, Dubai or London, or in India under institutional rules. However the dispute is framed, Indian law is frequently decisive: the Indian counterparty's assets are in India, the contract may be governed by Indian law, interim relief may be needed from an Indian court, and the award must eventually be enforced here.
The practice accepts a limited number of international arbitration matters, as counsel before arbitral tribunals in India and abroad, and before the High Court of Karnataka in the court proceedings that support or follow an arbitration. The governing law is the Arbitration and Conciliation Act, 1996, Part I for arbitrations seated in India and Part II for the enforcement of foreign awards. Since the Supreme Court's decision in Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc., (2012) 9 SCC 552, Part I applies only to arbitrations seated in India.
International Commercial Arbitration Seated in India
Where at least one party is foreign, an arbitration seated in India is an international commercial arbitration under Section 2(1)(f). The arbitral tribunal is appointed by agreement, by the chosen institution or, failing that, by the Supreme Court under Section 11; the court for applications under Sections 9 and 34 is the High Court. The work covers the notice of arbitration, the statement of claim or defence, witness statements and expert evidence, hearings, and the challenge or defence of the award. The Supreme Court has confirmed that non-signatory companies within a group may in some circumstances be bound by an arbitration agreement (Cox and Kings Ltd. v. SAP India Pvt. Ltd., 2023), and that an unstamped arbitration agreement is not void on that account (In re Interplay between Arbitration Agreements and the Indian Stamp Act, 2023).
Claims and defences before the tribunal
Appointment of arbitrators
Section 34 challenges in the High Court
Institutional and ad hoc arbitrations
Indian-Law Counsel in Arbitrations Seated Abroad
In arbitrations seated outside India, under the rules of institutions such as the SIAC, the ICC, the LCIA or the DIAC, a tribunal often needs evidence of Indian law: on the validity of a contract, the effect of Indian regulatory restrictions, limitation, or the enforceability of the eventual award in India. Work includes Indian-law advice to the foreign legal team, opinions on Indian law, and acting alongside foreign counsel, with attendance at hearings abroad where the matter requires it. Two Indian parties may themselves choose a foreign seat (PASL Wind Solutions Pvt. Ltd. v. GE Power Conversion India Pvt. Ltd., 2021).
Opinions on Indian law
Working with foreign counsel
Enforceability review before the award
Hearings abroad where required
Interim Relief & Emergency Arbitration
A claim is only as good as the assets left to satisfy it. Under the proviso to Section 2(2), an Indian court can grant interim measures under Section 9 in support of an arbitration seated abroad, unless the parties have agreed otherwise, so that bank accounts, shares or other assets in India can be secured while the arbitration proceeds. For arbitrations seated in India, an emergency arbitrator's order under institutional rules is enforceable as an order under Section 17(1) (Amazon.com NV Investment Holdings LLC v. Future Retail Ltd., 2021).
Section 9 applications
Securing assets in India
Emergency arbitrator orders
Court assistance with evidence
Enforcement of Foreign Awards in India
An award made in a New York Convention country notified by India is enforced through a petition under Section 47 before the High Court with jurisdiction over the assets. Enforcement may be refused only on the limited grounds in Section 48, which the Supreme Court has held must be read narrowly, without any review of the merits (Vijay Karia v. Prysmian Cavi E Sistemi SRL, (2020) 11 SCC 1). Once enforcement is allowed, the award is deemed a decree and is executed against the debtor's assets in India. Award debtors resisting enforcement are also represented.
Section 47 enforcement petitions
Tracing and attaching assets
Resisting enforcement under Section 48
Foreign court judgments under Section 44A CPC
Applicable Laws: Arbitration and Conciliation Act 1996 (as amended in 2015, 2019 and 2021), Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention), Code of Civil Procedure 1908, Commercial Courts Act 2015, Indian Contract Act 1872.
International Arbitration: Frequently Asked
How is a foreign arbitral award enforced in India?
An award made in a country that India has notified under the New York Convention is enforced under Part II of the Arbitration and Conciliation Act, 1996. A petition is filed under Section 47 before the High Court having jurisdiction over the assets or the award debtor, and enforcement may be refused only on the limited grounds in Section 48. The Supreme Court has held that those grounds are to be construed narrowly and that a foreign award is not reviewed on its merits (Vijay Karia v. Prysmian Cavi E Sistemi SRL, (2020) 11 SCC 1). Once the High Court is satisfied, the award is deemed a decree of that court.
Can an Indian court grant interim relief in an arbitration seated outside India?
Yes. Since the 2015 amendment, the proviso to Section 2(2) of the Arbitration and Conciliation Act makes Section 9 (interim measures), Section 27 (court assistance in taking evidence) and Section 37(1)(b) available in international commercial arbitrations seated outside India, unless the parties have agreed otherwise. This allows assets in India to be secured while the arbitration proceeds abroad.
Can two Indian parties choose a foreign seat for their arbitration?
Yes. The Supreme Court held in PASL Wind Solutions Pvt. Ltd. v. GE Power Conversion India Pvt. Ltd., 2021, that two Indian parties are not prevented from choosing a seat outside India, and that the resulting award is enforceable in India as a foreign award under Part II of the Act.
Is an emergency arbitrator's order enforceable in India?
For an arbitration seated in India, yes. In Amazon.com NV Investment Holdings LLC v. Future Retail Ltd., 2021, the Supreme Court held that an emergency arbitrator's order under institutional rules agreed by the parties is an order under Section 17(1) and is enforceable as an order of the court. For arbitrations seated abroad, interim relief in India is usually sought from the court under Section 9.
Request an Appointment
Send a WhatsApp message or email with a short description of the dispute, the seat and rules of the arbitration, and the stage it has reached. Initial discussions are by video. An enquiry does not create a lawyer-client relationship.
Informational only, per Rule 36 of the Bar Council of India Rules. No solicitation of work is intended.