King Stubb and Kasiva team has successfully assisted a great number of clients in arbitral proceedings under the Arbitration & Conciliation Act, 1996, in National and International cases seated in India. A few of the main areas of assistance companies require our assistance are:
Apart from Arbitration and conciliation, though not separately codified, Mediation finds its roots in Section 89 of the Civil Procedure Code, 1908, for civil disputes such as divorce cases, consumer cases, industrial dispute cases, etc.
Since the seat of arbitration may differ in domestic and international cases, the lawyers need to have a strong grasp of domestic arbitration laws of multiple countries, like, Singapore and London are the most preferred place for arbitration in the world, and our team has received great exposure to international clients. This exposure is not limited to the abovementioned countries, our team works with, and represents several mid-scale to large-scale companies and conglomerates, in fields like fin-tech, ed-tech, e-commerce, real estate, banking, transportation, etc. leading to a consistent national and global growth of the firm.
In absence of an arbitration agreement or an arbitration clause, the court may not be able to refer the parties to arbitration unless a joint memo, joint affidavit, or a written application is submitted by the parties consenting to arbitration for dispute resolution.
A dispute clause is essential in any agreement, and an arbitration clause becomes important for companies and entities to incorporate in an agreement, as disputes may arise during the course. An arbitration clause must state the governing arbitration laws, along with parties deciding on the number of arbitrators (Usually, there is one or two). The clause must also have the process by which the arbitrators would be chosen, the seat of arbitration, and the language in which the arbitration would take place. In most cases, English is used.
When a party directly approaches the court despite an arbitration clause present in the agreement, the court will refuse to accept the jurisdiction and redirect the party to follow the arbitration clause, unless the court finds the arbitration clause incompetent or invalid
One party cannot on its own withdraw from arbitration, as the parties have consented to disputes being resolved by arbitration in the first place. One cannot unilaterally withdraw unless both the parties mutually decide on rescinding the arbitration clause.