"ADROIT is an independent ADR & Claims Consultancy, providing individually tailored services to match the need of our Clients in India and world-wide."

ADROIT, with its International experience of over 20 years, has been associated with some of the iconic Projects of the MENA area such as PALM JUMEIRAH - DUBAI (www.nakheel.com) and LUSAIL CITY – QATAR (www.lusail.com).ADROIT has elevated their presence in India Now to showcase their skills in effectively managing the Commercial disputes and enhancing constructive value for the money invested by the Clients.

ADROIT delves on Industry best practices in their deliverables. Being the proud member of Chartered Institute of Arbitrators (UK) (www.ciarb.org), ADROIT strives to maintain the equilibrium and offer international standards in Alternate Dispute Resolution. We are also empanelled Arbitrators with Indian Council of Arbitration (www.icaindia.co.in), the premier Arbitral Institution for both domestic and International #Arbitration in India.

As an international consultancy involved in some of the world’s most important and iconic building and infrastructure projects, ADROIT sees this ongoing dedication to excellence not only as an essential part of what makes the company tick, but also as a responsibility as a Pioneer.

At the centre of our business is client focus, which is why we never provide a predetermined set of solutions; Instead, we develop a bespoke offer that responds directly to our customers’ needs.

ADROIT has imprinted an indelible impression in some of the world’s iconic buildings and infrastructure projects with Pioneer responsibility to client focus.

We provide comprehensive services associated with Arbitration /claims in the following domains:

• Property purchase disputes
• Trade disputes
• Construction claims related disputes
• Stock market related disputes
• Commercial bank loan disputes
• Any Commercial and Arbitrable disputes.

Arbitration – A Bird’s Eye View:

Arbitration is the process of settlement of a dispute between the parties to a Contract by a neutral third party (the Arbitrator) without resorting to court action. Arbitration is a vital element of Alternate Dispute Redressal (ADR) Mechanism.

Arbitration agreement or arbitration clause in the Contract is the pre-requisite to seek arbitral remedy. In other words, an arbitration clause in a Contract negates litigation in case of any dispute.

Arbitrable Disputes:

Generally, all disputes which can be decided by a civil court, involving private rights, can be referred to arbitration. Thus, disputes about property or money, or about the amount of damages payable for breach of contract etc., can be referred to arbitration.

However, according to the general practice, following matters are not referred to arbitration.

• i. Matrimonial matters, like divorce or restitution of conjugal rights;
• ii. Matters relating to guardianship of a minor or other person under disability;
• iii. Testamentary matters, for example, questions about the validity of a will;
• iv. Insolvency matters, such as adjudication of a person as an insolvent;
• v. Criminal proceedings;
• vi. Questions relating to charities or charitable trusts;
• viii. Dissolution or winding up of a company.

Advantages of Arbitration

• a) Unlike in court, parties can select an arbitrator with an appropriate degree of practical experience.
• b) Arbitration is often faster than litigation in court, and a time limit can be placed on the length of the process.
• c) Arbitration can be cheaper and more flexible, more commercial and less formal than court.
• d) Unlike court rulings, arbitration proceedings and arbitral awards are confidential.
• e) Unlike in court, there are very limited avenues for appeal of an arbitral award, which limits the duration of the dispute and any associated liability.
• f) Due to the provisions of the New York Convention 1958, arbitral awards are generally easier to enforce in other nations than court judgments.

Types Of Arbitration:

An institutional arbitration is one where a specialised institution is appointed and takes on the role of administering the arbitration process / case management. Following are few of the prestigious

• a) International Centre for Settlement of Investment Disputes (ICSID) (www.icsid.worldbank.org)
• b) International Chamber of Commerce (ICC) (https://iccwbo.org)
• c) Chartered Institute of Arbitration – UK (www.ciarb.org)
• d) London Court of International Arbitration (LCIA) (www.lcia.org/ )
• e) Singapore International Arbitration Centre (SIAC) (www.siac.org.sg)
• f) Nani Palki Wala Arbitration Centre – Chennai (www.nparbitration.com)

An ad hoc arbitration is one that is not administered by an institution. Parties will determine between themselves all aspects of the arbitration, such as the appointment of arbitrator, applicable rules and timetable for filing various documents.

Domestic Arbitration takes place in India when the arbitration proceedings, the subject matter of the Contract and the merits of the dispute are all governed by Indian Law, or when the cause of action for the dispute arises wholly in India or where the parties are otherwise subject to Indian jurisdiction.

International arbitration is Arbitration between companies or individuals in different states, usually by including a provision for future disputes in a contract. International arbitration has different rules than domestic arbitration and has its own non-country-specific standards of ethical conduct.

The predominant system of rules is the UNCITRAL Arbitration Rules, as well as the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the "New York Convention"). The New York Convention was drafted under the auspices of the United Nations and has been ratified by more than 150 countries.

The Modern Arbitration Law was enacted in India as early as 1772 . Under the British Regime a more specific arbitration act was enacted in 1940, termed as 'The Arbitration Act, 1940'. It was updated again through the Arbitration and Conciliation Act, enacted in 1996. Off late, more robust Arbitration-and Conciliation Amendment Act 2019 has been promulgated on 9th August 2019.

Salient features of Arbitration-and-Conciliation-Amendment Act-2019

• Arbitration Council of India: an independent body called the Arbitration Council of India (ACI) for the promotion of arbitration, mediation, conciliation and other alternative dispute redressal mechanisms will be created.
• Appointment of arbitrators - Under the new Act, the Supreme Court and High Courts may now designate arbitral institutions, which parties can approach for the appointment of arbitrators.
• Confidentiality of proceedings: The Act provides that all details of arbitration proceedings will be kept confidential except for the details of the arbitral award in certain circumstances.

Arbitration is a vitally important supplement to enhance ease of doing business. It can greatly alleviate the pressure on courts, thereby reducing pendency, as well as instil investor confidence.

Government of India has made major strides in resolving commercial disputes, including major legislative enactments in promoting ADR. Once domestic arbitration becomes popular through institutional arbitration, it eventually will lead to increased international commercial arbitrations being conducted in India. Further, legal fraternity too will be greatly benefited with the increased opportunity in Arbitration!

To promote India as a business and arbitral destination, all Government Contracts should include an Arbitration Institution in the dispute redressal clause. This will enhance transparency and stakeholder’s confidence in Arbitration and ADR as whole.

Frequently Asked Questions