Arbitration & Mediation Hub: Q&A Library: practical Indian finance and law guidance from Finin2min.
Arbitration Agreement and Clause DesignWhat is the Finin2min conclusion on Arbitration Agreement and Clause Design?
A valid, workable clause should identify covered disputes and avoid contradictory seat, venue, court and appointment terms.
Arbitration Agreement and Clause DesignWhich legal anchor applies to Arbitration Agreement and Clause Design?
Arbitration Act s.7
Arbitration Agreement and Clause DesignWhat evidence is most important for Arbitration Agreement and Clause Design?
executed contract and arbitration clause; notices invoking dispute resolution; tribunal constitution and disclosures; pleadings, evidence and hearing record
Arbitration Agreement and Clause DesignWhat is the recommended action for Arbitration Agreement and Clause Design?
Use a clause checklist and escalation ladder.
Court Referral to ArbitrationWhat is the Finin2min conclusion on Court Referral to Arbitration?
Courts generally refer parties where a qualifying arbitration agreement covers the dispute, subject to statutory limits.
Court Referral to ArbitrationWhich legal anchor applies to Court Referral to Arbitration?
Arbitration Act s.8
Court Referral to ArbitrationWhat evidence is most important for Court Referral to Arbitration?
executed contract and arbitration clause; notices invoking dispute resolution; tribunal constitution and disclosures; pleadings, evidence and hearing record
Court Referral to ArbitrationWhat is the recommended action for Court Referral to Arbitration?
Preserve the objection and file the agreement promptly.
Interim Relief under Sections 9 and 17What is the Finin2min conclusion on Interim Relief under Sections 9 and 17?
Select court or tribunal relief by urgency, tribunal status, enforceability and seat.
Interim Relief under Sections 9 and 17Which legal anchor applies to Interim Relief under Sections 9 and 17?
Arbitration Act ss.9 and 17
Interim Relief under Sections 9 and 17What evidence is most important for Interim Relief under Sections 9 and 17?
executed contract and arbitration clause; notices invoking dispute resolution; tribunal constitution and disclosures; pleadings, evidence and hearing record
Interim Relief under Sections 9 and 17What is the recommended action for Interim Relief under Sections 9 and 17?
Prepare the asset, harm and proportionality record.
Appointment of ArbitratorsWhat is the Finin2min conclusion on Appointment of Arbitrators?
Follow the agreed mechanism, statutory neutrality and current court/institution practice.
Appointment of ArbitratorsWhich legal anchor applies to Appointment of Arbitrators?
Arbitration Act ss.10–11
Appointment of ArbitratorsWhat evidence is most important for Appointment of Arbitrators?
executed contract and arbitration clause; notices invoking dispute resolution; tribunal constitution and disclosures; pleadings, evidence and hearing record
Appointment of ArbitratorsWhat is the recommended action for Appointment of Arbitrators?
Audit the clause before issuing the invocation notice.
Independence, Impartiality and DisclosureWhat is the Finin2min conclusion on Independence, Impartiality and Disclosure?
Disclosure, waiver and ineligibility are distinct concepts and must be handled at appointment.
Independence, Impartiality and DisclosureWhich legal anchor applies to Independence, Impartiality and Disclosure?
Arbitration Act s.12 and Fifth/Seventh Schedules
Independence, Impartiality and DisclosureWhat evidence is most important for Independence, Impartiality and Disclosure?
executed contract and arbitration clause; notices invoking dispute resolution; tribunal constitution and disclosures; pleadings, evidence and hearing record
Independence, Impartiality and DisclosureWhat is the recommended action for Independence, Impartiality and Disclosure?
Record disclosures and objections immediately.
Tribunal Jurisdiction and Kompetenz-KompetenzWhat is the Finin2min conclusion on Tribunal Jurisdiction and Kompetenz-Kompetenz?
The tribunal can rule on jurisdiction and separability; objections must be timely.
Tribunal Jurisdiction and Kompetenz-KompetenzWhich legal anchor applies to Tribunal Jurisdiction and Kompetenz-Kompetenz?
Arbitration Act s.16
Tribunal Jurisdiction and Kompetenz-KompetenzWhat evidence is most important for Tribunal Jurisdiction and Kompetenz-Kompetenz?
executed contract and arbitration clause; notices invoking dispute resolution; tribunal constitution and disclosures; pleadings, evidence and hearing record
Tribunal Jurisdiction and Kompetenz-KompetenzWhat is the recommended action for Tribunal Jurisdiction and Kompetenz-Kompetenz?
File a focused jurisdiction brief without abandoning merits.
Pleadings, Evidence and Hearing ManagementWhat is the Finin2min conclusion on Pleadings, Evidence and Hearing Management?
Equal treatment and reasonable opportunity coexist with efficient procedural control.
Pleadings, Evidence and Hearing ManagementWhich legal anchor applies to Pleadings, Evidence and Hearing Management?
Arbitration Act ss.18–27 and institutional rules
Pleadings, Evidence and Hearing ManagementWhat evidence is most important for Pleadings, Evidence and Hearing Management?
executed contract and arbitration clause; notices invoking dispute resolution; tribunal constitution and disclosures; pleadings, evidence and hearing record
Pleadings, Evidence and Hearing ManagementWhat is the recommended action for Pleadings, Evidence and Hearing Management?
Use a procedural calendar and issue list.
Emergency and Institutional ArbitrationWhat is the Finin2min conclusion on Emergency and Institutional Arbitration?
Emergency mechanisms depend on the selected institutional rules, seat and available court support.
Emergency and Institutional ArbitrationWhich legal anchor applies to Emergency and Institutional Arbitration?
Chosen rules and Indian enforcement principles
Emergency and Institutional ArbitrationWhat evidence is most important for Emergency and Institutional Arbitration?
executed contract and arbitration clause; notices invoking dispute resolution; tribunal constitution and disclosures; pleadings, evidence and hearing record
Emergency and Institutional ArbitrationWhat is the recommended action for Emergency and Institutional Arbitration?
Align clause design with urgency needs.
Timelines, Fast Track and CostsWhat is the Finin2min conclusion on Timelines, Fast Track and Costs?
Time and costs require active tribunal and party management, with statutory distinctions by case type.
Timelines, Fast Track and CostsWhich legal anchor applies to Timelines, Fast Track and Costs?
Arbitration Act ss.29A–31A and s.29B
Timelines, Fast Track and CostsWhat evidence is most important for Timelines, Fast Track and Costs?
executed contract and arbitration clause; notices invoking dispute resolution; tribunal constitution and disclosures; pleadings, evidence and hearing record
Timelines, Fast Track and CostsWhat is the recommended action for Timelines, Fast Track and Costs?
Track pleadings completion, award clock and extensions.
Award Form, Reasons and ReliefWhat is the Finin2min conclusion on Award Form, Reasons and Relief?
The award should address jurisdiction, issues, evidence, governing law, relief, interest and costs.
Award Form, Reasons and ReliefWhich legal anchor applies to Award Form, Reasons and Relief?
Arbitration Act ss.28–33
Award Form, Reasons and ReliefWhat evidence is most important for Award Form, Reasons and Relief?
executed contract and arbitration clause; notices invoking dispute resolution; tribunal constitution and disclosures; pleadings, evidence and hearing record
Award Form, Reasons and ReliefWhat is the recommended action for Award Form, Reasons and Relief?
Use a post-hearing issues and relief matrix.
Setting Aside under Section 34What is the Finin2min conclusion on Setting Aside under Section 34?
Section 34 is a limited supervisory remedy, not a full merits appeal.
Setting Aside under Section 34Which legal anchor applies to Setting Aside under Section 34?
Arbitration Act s.34
Setting Aside under Section 34What evidence is most important for Setting Aside under Section 34?
executed contract and arbitration clause; notices invoking dispute resolution; tribunal constitution and disclosures; pleadings, evidence and hearing record
Setting Aside under Section 34What is the recommended action for Setting Aside under Section 34?
Map each ground to the record and relief sought.
Enforcement and StayWhat is the Finin2min conclusion on Enforcement and Stay?
An award is enforceable subject to challenge and stay rules; challenge filing alone does not automatically stay enforcement.
Enforcement and StayWhich legal anchor applies to Enforcement and Stay?
Arbitration Act ss.35–36
Enforcement and StayWhat evidence is most important for Enforcement and Stay?
executed contract and arbitration clause; notices invoking dispute resolution; tribunal constitution and disclosures; pleadings, evidence and hearing record
Enforcement and StayWhat is the recommended action for Enforcement and Stay?
Prepare execution assets and opposition to stay.
Foreign AwardsWhat is the Finin2min conclusion on Foreign Awards?
Convention, commercial relationship, seat, original documents and limited refusal grounds drive enforcement.
Foreign AwardsWhich legal anchor applies to Foreign Awards?
Arbitration Act Part II
Foreign AwardsWhat evidence is most important for Foreign Awards?
executed contract and arbitration clause; notices invoking dispute resolution; tribunal constitution and disclosures; pleadings, evidence and hearing record
Foreign AwardsWhat is the recommended action for Foreign Awards?
Build a convention and document checklist.
Arbitrability and Public PolicyWhat is the Finin2min conclusion on Arbitrability and Public Policy?
Rights in rem, statutory forums and public-policy limits require issue-specific analysis.
Arbitrability and Public PolicyWhich legal anchor applies to Arbitrability and Public Policy?
Arbitration Act and Supreme Court jurisprudence
Arbitrability and Public PolicyWhat evidence is most important for Arbitrability and Public Policy?
executed contract and arbitration clause; notices invoking dispute resolution; tribunal constitution and disclosures; pleadings, evidence and hearing record
Arbitrability and Public PolicyWhat is the recommended action for Arbitrability and Public Policy?
Separate private claims from non-arbitrable relief.
Mediation Act FrameworkWhat is the Finin2min conclusion on Mediation Act Framework?
Mediation is confidential, party-controlled and capable of producing an enforceable settlement under the statutory framework.
Mediation Act FrameworkWhich legal anchor applies to Mediation Act Framework?
Mediation Act, 2023
Mediation Act FrameworkWhat evidence is most important for Mediation Act Framework?
executed contract and arbitration clause; notices invoking dispute resolution; tribunal constitution and disclosures; pleadings, evidence and hearing record
Mediation Act FrameworkWhat is the recommended action for Mediation Act Framework?
Define authority, confidentiality and settlement mechanics.
Pre-Institution Mediation under Commercial Courts ActWhat is the Finin2min conclusion on Pre-Institution Mediation under Commercial Courts Act?
A qualifying commercial suit not seeking urgent interim relief generally requires pre-institution mediation.
Pre-Institution Mediation under Commercial Courts ActWhich legal anchor applies to Pre-Institution Mediation under Commercial Courts Act?
Commercial Courts Act s.12A and Rules
Pre-Institution Mediation under Commercial Courts ActWhat evidence is most important for Pre-Institution Mediation under Commercial Courts Act?
executed contract and arbitration clause; notices invoking dispute resolution; tribunal constitution and disclosures; pleadings, evidence and hearing record
Pre-Institution Mediation under Commercial Courts ActWhat is the recommended action for Pre-Institution Mediation under Commercial Courts Act?
Test urgency honestly and preserve the mediation record.
Mediated Settlement AgreementWhat is the Finin2min conclusion on Mediated Settlement Agreement?
Settlement drafting should define parties, authority, obligations, tax, releases, default and enforcement.
Mediated Settlement AgreementWhich legal anchor applies to Mediated Settlement Agreement?
Mediation Act
Mediated Settlement AgreementWhat evidence is most important for Mediated Settlement Agreement?
executed contract and arbitration clause; notices invoking dispute resolution; tribunal constitution and disclosures; pleadings, evidence and hearing record
Mediated Settlement AgreementWhat is the recommended action for Mediated Settlement Agreement?
Use a completion and default schedule.
Online and Community MediationWhat is the Finin2min conclusion on Online and Community Mediation?
Digital process needs identity, confidentiality, document security and informed participation.
Online and Community MediationWhich legal anchor applies to Online and Community Mediation?
Mediation Act and applicable rules
Online and Community MediationWhat evidence is most important for Online and Community Mediation?
executed contract and arbitration clause; notices invoking dispute resolution; tribunal constitution and disclosures; pleadings, evidence and hearing record
Online and Community MediationWhat is the recommended action for Online and Community Mediation?
Adopt a technology and consent protocol.
Dispute Resolution Clause LibraryWhat is the Finin2min conclusion on Dispute Resolution Clause Library?
Clauses should fit transaction value, urgency, geography and enforcement rather than use one universal template.
Dispute Resolution Clause LibraryWhich legal anchor applies to Dispute Resolution Clause Library?
Arbitration Act, Mediation Act and Commercial Courts Act
Dispute Resolution Clause LibraryWhat evidence is most important for Dispute Resolution Clause Library?
executed contract and arbitration clause; notices invoking dispute resolution; tribunal constitution and disclosures; pleadings, evidence and hearing record
Dispute Resolution Clause LibraryWhat is the recommended action for Dispute Resolution Clause Library?
Use short, timed escalation with carve-outs.
Arbitration vs Mediation vs LitigationWhat is the Finin2min conclusion on Arbitration vs Mediation vs Litigation?
Choose the route by relief, confidentiality, precedent, counterparty, cost, speed and enforcement.
Arbitration vs Mediation vs LitigationWhich legal anchor applies to Arbitration vs Mediation vs Litigation?
Applicable statutes, contract and forum
Arbitration vs Mediation vs LitigationWhat evidence is most important for Arbitration vs Mediation vs Litigation?
executed contract and arbitration clause; notices invoking dispute resolution; tribunal constitution and disclosures; pleadings, evidence and hearing record
Arbitration vs Mediation vs LitigationWhat is the recommended action for Arbitration vs Mediation vs Litigation?
Prepare a forum-selection memo at dispute onset.