Leading Arbitration Lawyers in Kolkata for Commercial Dispute Resolution

In today’s fast-paced commercial environment, businesses in Kolkata are increasingly turning to arbitration as a preferred method for resolving disputes. Its inherent advantages of speed, confidentiality, and flexibility make it a superior alternative to traditional court litigation. However, navigating the procedural and legal nuances of arbitration requires specialized skill and strategic foresight. A well-drafted arbitration clause and expert representation can be the difference between a swift resolution and a protracted, costly battle.

AMLEGALS is a premier law firm with a team of dedicated arbitration lawyers in Kolkata who excel in managing complex disputes. We provide end-to-end services for both domestic and international commercial arbitration in Kolkata, ensuring our clients’ interests are protected at every stage. Our focus is on delivering commercially sound and decisive outcomes, allowing you to resolve conflicts efficiently and get back to business.

Our Arbitration Services in Kolkata

We offer a comprehensive suite of services covering the entire spectrum of arbitration and dispute resolution.

Domestic & International Commercial Arbitration

Our lawyers have extensive experience representing clients in complex, high-value arbitrations across various sectors. We handle both ad-hoc and institutional arbitrations under the rules of major institutions like the ICA, DIAC, and SIAC. Our services include:

• Drafting and vetting arbitration clauses in commercial contracts.
• Initiating arbitration proceedings and filing detailed statements of claim.
• Defending clients against claims and filing counter-claims.
• Representing clients during arbitral hearings and proceedings.

Enforcement & Challenge of Arbitral Awards

An arbitration is only successful once the award is realized. We have a robust practice in post-arbitration proceedings to ensure our clients see the process through to its final conclusion.

• Filing applications before High Courts for the enforcement of domestic and international arbitral awards.
• Strategizing and filing petitions to challenge or set aside arbitral awards on grounds specified under the Arbitration and Conciliation Act, 1996.
• Resisting challenges to awards on behalf of award-holders.

Arbitration-Related Court Proceedings

We provide seamless support by representing clients in courts for matters connected to arbitration, ensuring the arbitral process remains efficient and effective.

• Filing applications for interim relief and protection measures from the court before or during arbitral proceedings (Section 9).
• Filing applications for the appointment of arbitrators where parties fail to agree (Section 11).
• Handling litigation that arises in support of or in opposition to the arbitration process.

Why Choose AMLEGALS for Arbitration in Kolkata?

Choosing the right legal counsel is critical for success in arbitration. AMLEGALS offers a distinct advantage:

Strategic & Proactive Counsel: We go beyond the procedural aspects, developing a bespoke strategy for each dispute that aligns with your commercial objectives.

Sectoral Expertise: Our lawyers have deep domain knowledge in key sectors driving Kolkata’s economy, including infrastructure, manufacturing, shipping, real estate, and finance.

Litigation Prowess: Our strong litigation background gives us an edge in arbitration, particularly in presenting evidence, cross-examining witnesses, and making compelling arguments before the tribunal.

Cost-Effective Resolution: We are focused on achieving the best possible outcome for our clients in the most efficient and cost-effective manner possible.

Few of Our Experience in Arbitration

• Infrastructure Dispute: Successfully represented a construction major in a multi-crore domestic arbitration against a government entity concerning disputes arising from project delays and cost overruns.
• Shareholder Agreement Dispute: Acted for a founder in a complex commercial arbitration involving a breach of a shareholders’ agreement, resulting in a favorable award that protected our client’s equity and rights.
• Enforcement of Foreign Award: Successfully enforced a Singapore-seated international arbitral award before the Calcutta High Court for a global trading company against an Indian counterparty.

Our Approach to the Arbitration Process

We employ a structured and methodical approach to guide you through every phase of the dispute.

Case Assessment & Strategy Formulation: We conduct a thorough review of your case, documents, analyze the strengths and weaknesses, and develop a clear and robust legal strategy.

Invocation and Tribunal Formation: We handle the critical first steps, including drafting and issuing the notice of arbitration and managing the process of appointing a neutral and qualified arbitral tribunal.

Pleadings & Conduct of Proceedings: Our team meticulously drafts all pleadings, manages evidence, and provides powerful representation during hearings to present your case effectively.

Award and Post-Award Strategy: Upon receiving the award, we provide clear advice on the next steps, whether it involves moving for enforcement or strategizing a potential challenge.

Frequently Asked Questions (FAQs)

1. Why should I choose arbitration over going to court?

Arbitration is generally faster, more flexible, and confidential compared to court litigation. Parties can also choose an arbitrator with specific expertise in their industry, leading to a more informed decision.

2. What is the difference between domestic and international commercial arbitration?

The key difference lies in the scope and applicable laws. If at least one party is foreign or the subject matter has a foreign element, or foreign law is applicable, it is considered an international commercial arbitration, which has slightly different procedural rules under Indian law.

3. Can I challenge an arbitral award if I lose?

Yes, an arbitral award can be challenged in court, but only on very limited grounds specified in Section 34 of the Arbitration and Conciliation Act, 1996, such as public policy violations or procedural unfairness.

4. How important is the arbitration clause in a contract?

It is critically important. A well-drafted clause ensures that any future disputes are resolved efficiently. It should clearly define the seat (legal place) and venue of arbitration, the rules to be followed, and the number of arbitrators.

5. What is the role of courts in the arbitration process?

Courts play a supportive role. They can grant interim relief to protect assets (Section 9), appoint arbitrators if parties cannot agree (Section 11), and are responsible for the final enforcement or setting aside of an award.

Resolve Your Disputes Effectively

Partner with Kolkata’s leading arbitration lawyers for strategic and decisive dispute resolution. Contact our team today for a confidential consultation to discuss your case and learn how we can protect your commercial interests.

You may contact us for a confidential consultation with Ms. Mridusha Guha, Principal Associate at Kolkata office.

• Email: info@amlegals.com or mridusha.guha@amlegals.com
• Boardline : +91-8448548549 or 91-9051389076
• Offices: Ahmedabad | Bengaluru | Chennai | Mumbai | New Delhi | Kolkata | Prayagraj | Pune | Surat