Practice Area

# Alternative Dispute
Resolution

### Dispute Resolution

Arbitration & Mediation Counsel

Overview

## Resolving Disputes Efficiently & Effectively

In an era where commercial disputes demand swift and cost-effective resolution, alternative dispute resolution (ADR) has become the preferred mechanism for businesses worldwide. At ESB Global Law Advisory, we represent clients in domestic and international arbitrations, mediations, and conciliation proceedings, delivering outcomes that protect commercial relationships and business interests.

Our ADR practice is anchored in deep expertise across the Arbitration and Conciliation Act 1996, the Mediation Act 2023, and international arbitration rules including ICC, SIAC, LCIA, and MCIA. We handle complex commercial arbitrations involving construction disputes, joint venture disagreements, shareholder conflicts, and cross-border commercial matters.

Mumbai's emergence as a preferred arbitration seat in India, combined with our firm's experience across diverse industry sectors, positions us to deliver effective dispute resolution strategies — whether through negotiation, mediation, arbitration, or a combination of these mechanisms.

Common Questions

## Dispute Resolution FAQs

Arbitration is a binding process where an arbitral tribunal renders an enforceable award under the Arbitration and Conciliation Act 1996. Mediation is a non-binding facilitative process where a neutral mediator helps parties reach a voluntary settlement under the Mediation Act 2023. Arbitration results in a final decision; mediation results in a settlement agreement only if both parties consent. ESB Global advises on choosing the most appropriate mechanism based on the nature and value of the dispute.

Yes, international arbitral awards can be enforced in India under Part II of the Arbitration and Conciliation Act 1996, which implements the New York Convention. The award creditor must file an enforcement petition before the relevant High Court. Indian courts can refuse enforcement only on limited grounds such as public policy violations, lack of proper notice, or the dispute not being arbitrable. India has reciprocal enforcement arrangements with over 48 countries.

Under the 2019 amendments to the Arbitration Act, domestic arbitrations should be completed within 12 months from the date the tribunal enters reference (extendable by 6 months by party consent). International commercial arbitrations have no statutory time limit but typically take 18-24 months. The actual timeline depends on complexity, number of witnesses, and the arbitral institution's rules. ESB Global works to ensure efficient proceedings while protecting clients' interests.

Related Services

## Interconnected Practice Areas

Dispute resolution intersects with several other legal domains. Our integrated approach ensures comprehensive coverage.

### Business & Commercial

Shareholder disputes, joint venture disagreements, and commercial contract enforcement through ADR.

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### FIDIC Contracts

Construction dispute adjudication, DAB proceedings, and FIDIC Clause 20 arbitration references.

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### International Contracts

Cross-border dispute resolution, international commercial arbitration, and foreign award enforcement.

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### Property & Real Estate

Property disputes, title conflicts, landlord-tenant arbitration, and real estate mediation proceedings.

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### Banking & Finance

Debt recovery arbitration, banking disputes, and financial institution dispute resolution proceedings.

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### Maritime Law

Maritime arbitration, ship arrest disputes, and international shipping dispute resolution under LMAA rules.

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Need Dispute Resolution?

## Get Expert Arbitration
& Mediation Counsel

Whether it's a commercial arbitration, mediation, or enforcement of an award, our team is ready to assist.

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Call +91 7045629816