Arbitration & ADR

Arbitration & ADR

Lynx Legal Partners LLP is a dedicated arbitration and alternative dispute resolution practice based in Mumbai — India’s pre-eminent seat for commercial arbitration and the home of the Mumbai Centre for International Arbitration (MCIA). We are legal strategists, advocates, and counsel for businesses, investors, and institutions who understand that how a dispute is resolved is as consequential as the outcome itself.

From high-value domestic commercial arbitrations to multi-jurisdictional international disputes under ICC, SIAC, and LCIA rules — from mediation under India’s landmark Mediation Act, 2023 to emergency arbitration, treaty arbitration, and award enforcement proceedings — we bring deep statutory knowledge, tactical sophistication, and genuine courtroom presence to every dispute we handle.

India’s arbitration ecosystem is undergoing a defining transformation. The MCIA’s updated Rules 2025, the Supreme Court’s landmark ruling in Gayatri Balasamy v. ISG Novasoft Technologies Ltd. (2025) on award modification, the proposed Arbitration (Amendment) Bill formally recognising emergency arbitrators and introducing the Appellate Arbitral Tribunal concept, and India’s revised Model Bilateral Investment Treaty (2025) have collectively positioned India as one of Asia’s most significant and evolving arbitration jurisdictions. We are fully current with every dimension of this landscape — and we use it to our clients’ strategic advantage.

 

WHO WE SERVE ?

We proudly serve the full spectrum of parties engaged in commercial and regulatory disputes :

  • > Domestic & Multinational Corporates in Commercial Disputes
  • > Infrastructure, Construction & EPC Contractors
  • > Banks, Financial Institutions & Lenders
  • > Real Estate Developers, Investors & Joint Venture Partners
  • > Technology, Media & Entertainment Companies
  • > Foreign Investors in Bilateral Investment Treaty (BIT) Disputes
  • > Government & Public Sector Entities

 

OUR SERVICES

 

1 . D O M E S T I C   C O M M E R C I A L   A R B I T R A T I O N

Domestic arbitration under the Arbitration and Conciliation Act, 1996 is the primary mechanism through which Indian businesses resolve high-value commercial disputes outside the courts. Speed, confidentiality, and the enforceability of awards as court decrees make arbitration the preferred forum for sophisticated commercial parties. We represent claimants and respondents across all sectors in domestic arbitrations — both institutional and ad hoc — with strategic precision from first pleading to final award.

Pre-Dispute Strategy & Arbitration Clause Advisory — Advising on the drafting of enforceable arbitration clauses before disputes arise — covering seat, governing law, institutional rules, number of arbitrators, and multi-tier dispute resolution frameworks — preventing the procedural complications that poorly drafted clauses routinely produce

Statement of Claim & Defence Drafting — Preparing comprehensive, legally precise statements of claim and defence, counterclaims, and rejoinders — building the evidentiary and legal foundation for a favourable award from the outset

Arbitrator Appointment & Section 11 Applications — Advising on strategic arbitrator selection, managing the appointment process under institutional rules, and filing applications before the High Court or Supreme Court under Section 11 of the Arbitration Act where a party refuses to cooperate in constituting the tribunal

Hearing Representation & Oral Arguments — Appearing before arbitral tribunals in full evidentiary hearings, cross-examining witnesses, and presenting legal submissions — combining courtroom advocacy skills with deep familiarity with arbitration procedure

Interim Relief — Section 9 Applications — Filing and defending urgent applications before courts under Section 9 of the Arbitration Act for interim measures — including injunctions, attachment orders, and preservation of assets — at any stage before, during, or after arbitral proceedings

Fast-Track Arbitration — Advising on and managing fast-track arbitration proceedings under Section 29B of the Arbitration Act — designed for disputes where time is of the essence and the parties agree to an expedited, document-only or limited-hearing procedure

 

2 . I N S T I T U T I O N A L   A R B I T R A T I O N   —   M C I A ,  D I A C   &   I I A C

India’s institutional arbitration infrastructure has matured rapidly. The Mumbai Centre for International Arbitration (MCIA), operating under its updated MCIA Arbitration Rules 2025, recorded a 48% increase in new cases in 2024, with 91% of its awards finalised within 18 months — none of which were set aside by courts. The Delhi International Arbitration Centre (DIAC) and the India International Arbitration Centre (IIAC) complete India’s institutional architecture. We are experienced practitioners before all three institutions and assist clients in selecting and navigating the forum best suited to their dispute.

MCIA Arbitration — Filing, managing, and appearing in arbitrations administered under the MCIA Arbitration Rules 2025 — including utilising MCIA’s accelerated timelines for low-value disputes, multi-party joinder mechanisms, and emergency arbitrator provisions for urgent interim relief

DIAC Arbitration — Representation in proceedings before the Delhi International Arbitration Centre under the High Court of Delhi’s institutional framework, including DIAC’s 2023 Rules which formally provide for emergency arbitrators and detailed interim relief procedures

IIAC & ICA Arbitration — Proceedings before the India International Arbitration Centre — designated an institution of national importance — and the Indian Council of Arbitration (ICA), particularly for disputes involving government entities and public sector undertakings

Institutional Rules Strategy — Advising on the strategic choice between institutional arbitration and ad hoc proceedings, including the relative advantages of MCIA, DIAC, IIAC, SIAC, and ICC rules for specific dispute types, values, and sector contexts

Expedited Procedure & Summary Mechanisms — Utilising institutional expedited procedures and summary determination mechanisms for straightforward disputes — reducing time and cost without sacrificing procedural rigour

 

3 . I N T E R N A T I O N A L   C O M M E R C I A L   A R B I T R A T I O N   —   S I A C ,  I C C ,  L C I A   &   B E Y O N D

India is one of the world’s most significant generators of international arbitration. SIAC remains the most popular institution for Indian parties in cross-border disputes, followed by the ICC and LCIA. We represent Indian and foreign parties in international commercial arbitrations across all major institutional frameworks and seats — combining India-specific legal knowledge with the international arbitration procedural literacy that complex cross-border disputes demand.

SIAC Arbitration — Full representation in Singapore International Arbitration Centre proceedings — the most frequently chosen institution by Indian parties for international disputes — including utilising SIAC’s Emergency Arbitrator mechanism for interim relief before the tribunal is constituted

ICC Arbitration — Proceedings before the International Chamber of Commerce International Court of Arbitration, particularly in disputes involving government agencies and infrastructure projects where ICC remains the institution of choice

LCIA Arbitration — Representation in London Court of International Arbitration proceedings, particularly for disputes governed by English law or involving English-law counterparties

Emergency Arbitration — Pursuing and resisting emergency arbitrator applications for urgent interim relief across institutional frameworks — fully informed by the Supreme Court’s landmark Amazon v. Future Retail ruling, which established that emergency arbitrator orders under institutional rules (including SIAC) are binding and enforceable in India as orders under Section 17 of the Arbitration Act

Seat vs. Venue Strategy — Advising on the critical distinction between arbitral seat and venue — including the choice between an Indian seat (for domestic enforcement advantages) and international seats like Singapore, London, or Dubai — informed by evolving Supreme Court jurisprudence on seat-venue conflicts

Multi-Party & Multi-Contract Disputes — Managing complex arbitrations involving multiple parties, multiple contracts, and overlapping disputes — including joinder, consolidation, and coordination of parallel proceedings across jurisdictions

 

4 . A W A R D   C H A L L E N G E ,  E N F O R C E M E N T   &   S E T – A S I D E   P R O C E E D I N G S

Obtaining a favourable arbitral award is only half the battle — enforcing it swiftly and protecting it from challenge is equally critical. Conversely, where an award is wrong in law or fact, strategic challenge proceedings can protect a client from an unjust outcome. We represent parties in enforcement, challenge, and setting-aside proceedings before the High Courts and the Supreme Court of India — informed by the deepest possible understanding of India’s evolving post-award jurisprudence.

Section 34 Set-Aside Applications — Filing and defending applications to set aside domestic awards under Section 34 of the Arbitration Act, on grounds including invalidity of the arbitration agreement, excess of jurisdiction, violation of natural justice, and conflict with the public policy of India — with strict attention to the three-month limitation period and the 30-day condonable delay

Award Modification — Post-Gayatri Balasamy Advisory — Advising on the landmark Supreme Court ruling in Gayatri Balasamy v. ISG Novasoft Technologies Ltd. (2025), which confirmed that courts have a limited but real power to modify arbitral awards in narrow circumstances — including severing invalid portions, correcting manifest errors, and adjusting interest — without setting aside the entire award

Section 36 Enforcement Proceedings — Executing domestic arbitral awards as court decrees under Section 36 of the Arbitration Act, managing conditional stay applications, and pursuing urgent enforcement where the award-debtor attempts to dissipate assets

Stay of Award Pending Set-Aside — Advising on and managing applications for stay of enforcement under Section 36(2) during set-aside proceedings — including the enhanced unconditional stay available where fraud or corruption in the making of the award is established on a prima facie basis

Section 37 Appeals — Filing and contesting appeals before the High Court and Supreme Court against orders made in set-aside and enforcement proceedings, within the narrow but important grounds available under Section 37

Foreign Award Enforcement — New York Convention — Enforcing foreign arbitral awards in India under Part II of the Arbitration Act and the New York Convention 1958 — navigating the narrowly interpreted public policy grounds for refusal under Section 48 to achieve swift and effective enforcement of international awards

 

5 . M E D I A T I O N ,  C O N C I L I A T I O N   &   O D R

The Mediation Act, 2023 — India’s first standalone legislation governing mediation — has fundamentally elevated mediation as a dispute resolution mechanism in India. Mediated settlement agreements authenticated by a mediator are now enforceable as court decrees under the Code of Civil Procedure, 1908. Pre-litigation mediation has been introduced as a formal statutory step. Government entities are encouraged to resolve disputes through mediation. India is rapidly building a structured, professionalized mediation ecosystem — and we are equipped to guide clients through every dimension of it.

Pre-Litigation Mediation — Advising on and representing clients in pre-litigation mediation proceedings — now a formally recognised statutory step under the Mediation Act, 2023 — for commercial, corporate, real estate, and employment disputes where early resolution is commercially preferable to arbitration or litigation

Institutional Mediation — Representing clients in mediations administered by recognised institutions including the Centre for Advanced Mediation Practices (CAMP) and other MCIA-affiliated mediation bodies

Mandatory Mediation under Commercial Courts Act — Managing mandatory pre-institution mediation requirements under Section 12A of the Commercial Courts Act, 2015 — including advising on when the urgency exception applies and representing clients where mediation is a contractual or statutory precondition to arbitration

Conciliation under the Arbitration Act — Advising on conciliation proceedings under Part III of the Arbitration Act — noting the 2024 Draft Amendment Bill’s proposed removal of conciliation references in light of the Mediation Act, 2023 coming into force — and structuring binding settlement agreements arising from conciliation

Online Dispute Resolution (ODR) — Advisory on ODR mechanisms — including the RBI-mandated ODR framework for failed digital payment disputes — and the Mediation Act’s formal recognition of online mediation as a valid process, aligned with the post-pandemic digitisation of dispute resolution in India

Mediated Settlement Agreement Enforcement — Enforcing mediated settlement agreements — now treated as final and binding and enforceable as court decrees under the Mediation Act, 2023 — providing clients with the certainty and finality that prior mediation frameworks could not deliver

 

6 . C O N S T R U C T I O N ,  I N F R A S T R U C T U R E   &   E P C   D I S P U T E S

Construction and infrastructure disputes are among the most technically complex, financially significant, and procedurally challenging arbitrations in India. Overlapping contractual chains, multi-party disputes, delay claims, variation disputes, and force majeure events — often arising in the context of government contracts and highway projects — demand an approach that combines deep technical understanding with sophisticated arbitration procedure. We have specific experience in this sector.

Delay & Prolongation Claims — Quantifying and presenting delay claims, prolongation costs, and loss of productivity claims in construction arbitrations — including the use of delay analysis methodologies and expert witnesses

Variation & Scope Disputes — Advising on and arbitrating disputes arising from scope changes, engineer’s instructions, and variation orders under EPC, FIDIC, and bespoke construction contracts

Government Contract Disputes — Representing contractors and subcontractors in arbitrations against government entities and public sector undertakings — including NHAI road project disputes, infrastructure concession disagreements, and public procurement conflicts

FIDIC Contract Disputes — Specialist representation in FIDIC-based arbitrations, including Dispute Adjudication Board (DAB) proceedings and escalation to ICC arbitration under the FIDIC dispute resolution ladder

Performance Security & Bank Guarantee Disputes — Pursuing and resisting injunctions against the encashment of performance bonds and bank guarantees in arbitration and court proceedings — a high-frequency category of urgent disputes in the construction sector

 

7 . I N V E S T M E N T   T R E A T Y   A R B I T R A T I O N   &   G I F T   I F S C

India’s revised Model Bilateral Investment Treaty, published in February 2025 and operationalised through the India-Kyrgyzstan BIT (in force June 2025) — the first treaty executed under the new model — marks a significant pro-investor shift in India’s treaty framework. Simultaneously, the GIFT IFSC’s proposed Alternative Dispute Resolution Centre (ADRC) aims to make India’s international financial centre a recognised seat for cross-border financial disputes. We advise foreign investors and Indian companies on the intersection of treaty protection and commercial dispute resolution.

Investment Treaty Dispute Advisory — Advising foreign investors on the scope of protection available under India’s network of bilateral investment treaties — including fair and equitable treatment, full protection and security, expropriation, and national treatment standards — and on whether regulatory measures that affect their investments trigger treaty claims

Model BIT 2025 Analysis — Advising on India’s revised Model BIT (February 2025), which substantially expands investor protection standards and introduces clearer dispute resolution mechanisms compared to the 2015 model — critical for foreign investors structuring new India investments for maximum treaty coverage

ICSID & UNCITRAL Treaty Arbitration — Representing investors in treaty arbitrations under ICSID Rules and the UNCITRAL Arbitration Rules — the two frameworks most commonly referenced in India’s BITs — including claims arising from regulatory actions, licence revocations, and discriminatory state conduct

GIFT IFSC Dispute Resolution — Advisory on the proposed ADRC framework at GIFT City — including the GIFT Committee’s recommendations on third-party funding recognition, international judge appointments, and the special carve-out from the Arbitration Act and Mediation Act for IFSC-seated arbitrations — positioning international financial services clients for dispute resolution within India’s emerging international financial centre

Third-Party Funding Advisory — Advising on third-party litigation and arbitration funding arrangements — informed by the GIFT Committee’s recommendation to formally recognise TPF within the IFSC framework, bringing India into alignment with Singapore, Hong Kong, and Dubai — including structuring funding agreements and managing disclosure obligations

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