Alternative dispute resolution (ADR)

Arbitration and conciliation

This method of dispute resolution is intended to reduce costs and time spent in courts. In India, arbitration and conciliation is governed by the Arbitration & Conciliation Act, 1996. Arbitration contemplates out of court resolution of disputes where parties are guided by arbitrators either chosen by parties or appointed by the courts, whose decision they must agree to abide. Arbitrators are appointed based on their expertise in the field and parties may agree to conciliation any time during the proceedings. The expertise of the arbitrators and counsels engaged make a great difference in resolving commercial disputes efficiently and effectively.

Praxis Legal was founded by experts in arbitration and commercial contracts who have represented many reputed construction and engineering companies, service providers, manufacturing companies, hotel groups, shipping and dredging companies, architectural firms, project management consultants, educational institutions, distribution agencies, entertainment houses, etc. We have extensive experience in domestic and international commercial arbitration, having represented clients in disputes governed by ICC, SIAC, LCIA, and ICADR rules.

Mediation, negotiation, and good offices

Most commercial contracts today provide for an attempt at amicable settlement between parties prior to initiating any legal proceedings. Mediation, negotiation, and good offices are non-binding alternative means of out of court dispute settlement. Though not codified under any Indian law at present, these means of dispute resolution are increasingly being adopted by business organizations across the country.

In Mediation, facilitators do not take decisions; instead, they assist the parties in better understanding the dispute and reaching a consensus. In Negotiation, the facilitator keeps parties talking and bargaining. He keeps a record of points that are brought up in negotiation. Good Offices require a third party who encourages both sides to communicate effectively. Parties are free to initiate legal proceedings if a satisfactory settlement is not reached.

Praxis Legal endeavors to reach amicable settlements on behalf of our clients, keeping in mind the financial costs likely to be incurred and time invested in effectively resolving commercial disputes in court. Clients can count on our assistance in mediation, negotiation and other settlements talks. We take into account the relationship between our client and other parties to the dispute and work to limit the impact of such disputes on future dealings.

Our ADR services

  • Drafting applications under Sec. 9 and Sec. 11 of the Arbitration and Conciliation Act, 1996 or responses thereto
  • Drafting communications related to arbitration proceedings
  • Drafting statement of claims/statement of defence and counter claims
  • Drafting rejoinders/sur rejoinders/responses to counter claims
  • Drafting affidavits in lieu of examination-in-chief (if necessary)
  • Cross examining witnesses
  • Case study in preparation for oral arguments
  • Hearing appearances
  • Drafting necessary applications during proceedings
  • Drafting gist of arguments
  • Drafting application under Sec. 34 or responses thereto
  • Drafting appeal under Sec. 37 or responses thereto
  • Participating in negotiation and conciliation meetings with express authorization of client
  • Mediation with express authorization of client