Start with the arbitration agreement and the exact dispute
Before choosing an application, notice or tribunal step, identify the written arbitration agreement, the parties bound by it, the disputes that fall within its scope, the agreed seat or place of arbitration, any named institution or appointment mechanism, and any pre-arbitration conditions. These facts determine whether a court should refer the parties to arbitration, which court may grant interim measures, how the tribunal is constituted, and which court can later hear a challenge or enforcement proceeding.
Arbitration procedure at a glance
| Stage | Typical legal route | Practical question |
|---|---|---|
| Agreement and scope | Sections 7 and 16 | Is there a valid written arbitration agreement, and does this dispute fall within it? |
| Court action already filed | Section 8 | Should the judicial authority refer the parties to arbitration? |
| Urgent protection before or during arbitration | Sections 9 and 17 | Is court or tribunal interim protection needed to preserve assets, evidence or the subject matter? |
| Tribunal constitution | Sections 10 to 15, especially Section 11 | How is the arbitrator appointed, and are there independence or eligibility concerns? |
| Commencement | Section 21 | When was the request to refer the dispute to arbitration received? |
| Pleadings and evidence | Sections 23 to 27 | What claims, defences, counterclaims, documents, witnesses or expert material are required? |
| Time for award | Sections 29A and 29B | What statutory or agreed timeline applies, and is an extension required? |
| Award | Sections 31 and 31A | Does the award satisfy formal requirements and address costs and interest? |
| Challenge | Section 34 | Is there a statutory ground to set aside the award, and is the petition within time? |
| Enforcement | Section 36 | Can the award be enforced as a decree, and is any stay in force? |
1. Confirm the arbitration agreement
Section 7 of the Arbitration and Conciliation Act defines an arbitration agreement as an agreement to submit all or certain disputes arising from a defined legal relationship to arbitration. The agreement must be in writing. It may appear as a clause in a contract, a separate agreement, an exchange of communications, or in pleadings where one side alleges the agreement and the other does not deny it.
This first step is more than checking whether the contract contains the word “arbitration.” A useful review identifies the parties, governing contract, seat, venue, number of arbitrators, appointment method, institutional rules, language, governing law and any negotiation or notice requirement that is stated to precede arbitration.
2. If a court case has already been filed, check Section 8 promptly
Section 8 addresses a situation where an action is brought before a judicial authority despite an arbitration agreement. A party seeking reference must apply not later than the date of submitting its first statement on the substance of the dispute. The judicial authority is to refer the parties to arbitration unless it finds that, prima facie, no valid arbitration agreement exists.
The timing point matters. A party should not assume that a reference application can be postponed indefinitely while simultaneously contesting the merits in court. The arbitration agreement or the required copy should also be prepared with the application in the manner contemplated by Section 8.
3. Decide whether urgent interim protection is needed
Arbitration does not remove the need for urgent protective measures. Section 9 empowers the court to grant interim measures in the circumstances stated in the Act. Section 17 gives the arbitral tribunal power to order interim measures after the tribunal is constituted. The correct route depends on timing, tribunal constitution, urgency, enforceability and the type of protection sought.
| Question | Why it matters |
|---|---|
| Has the tribunal been constituted? | After constitution, Section 17 may become the primary practical route for tribunal-ordered protection, subject to the Act. |
| Is immediate court intervention necessary? | Section 9 remains important where court assistance is needed before or during arbitration in circumstances permitted by law. |
| What needs protection? | Typical issues can involve preservation, custody, sale, securing the amount in dispute, injunction-type protection, evidence or other interim measures authorized by the statute. |
| What is the seat and competent court? | Jurisdiction should be checked before filing. Arbitration jurisdiction is not determined only by where a party happens to reside or where counsel is located. |
4. Constitute the arbitral tribunal
Sections 10 to 15 deal with the number, appointment, challenge and termination or substitution of arbitrators. Section 11 is central where the agreed appointment mechanism does not produce a tribunal and court assistance is required. A pre-filing review should therefore map the contractual appointment clause against the statutory framework before approaching the court.
Independence and impartiality also require attention. The Act contains disclosure requirements and statutory rules concerning circumstances affecting independence, impartiality and eligibility. Appointment disputes are easier to manage when the proposed arbitrator, contractual mechanism and any potential conflict are reviewed before the tribunal begins substantive work.
5. Identify when arbitration commenced
Section 21 provides the default commencement rule: unless the parties agree otherwise, arbitral proceedings in respect of a particular dispute commence on the date when a request for that dispute to be referred to arbitration is received by the respondent. This date can matter for limitation and procedural chronology.
A notice invoking arbitration should therefore identify the agreement, dispute, relief sought at a useful level of precision, and the contractual or statutory step proposed for constitution of the tribunal. The exact drafting depends on the agreement and dispute. A generic notice should not be treated as a substitute for reviewing the actual clause.
6. Pleadings, counterclaims and evidence
Section 23 addresses statements of claim and defence and allows counterclaims or set-off within the statutory framework. Sections 24 to 27 address hearings and written proceedings, defaults, expert appointment and court assistance in taking evidence. The tribunal controls procedure subject to the Act, party agreement and applicable institutional rules.
A practical arbitration record should connect each claim or defence to the contractual provision, event, document, witness and relief relied upon. This is especially important in commercial disputes where large document sets can obscure the actual issues.
Claim-to-proof map
| Issue | Record to identify | Purpose |
|---|---|---|
| Contractual obligation | Contract, amendments, purchase orders, scope documents | Establish the agreed obligation and arbitration clause. |
| Breach or non-performance | Notices, correspondence, project records, invoices, certifications | Connect the alleged breach to contemporaneous evidence. |
| Quantum | Accounts, invoices, calculations, expert reports | Show how the amount claimed or resisted is derived. |
| Delay or extension | Schedules, notices, approvals, progress records | Separate causation, responsibility and contractual entitlement. |
| Counterclaim | Independent factual and contractual basis | A counterclaim should be proved as its own claim, not merely asserted as a response. |
7. Track the time limit for making the award
Section 29A contains the statutory framework for time limits for arbitral awards in the categories to which it applies. Because the provision has been amended over time and differs in its treatment of certain arbitrations, the current statutory text and the character of the arbitration should be checked rather than relying on a remembered deadline.
Where an extension requires court intervention, jurisdiction should be confirmed carefully. The Delhi High Court has issued a 2026 practice direction specifically addressing jurisdiction in applications under Section 29A(4) for extension of time for making the award. This is an example of why current High Court practice directions should be checked in addition to the central statute.
8. Award, reasons, interest and costs
Section 31 sets out formal requirements for arbitral awards, including writing and signature requirements and the statutory treatment of reasons subject to the circumstances stated in the Act. The award may also address interest. Section 31A contains the costs regime.
When the award is received, preserve the exact received copy and date. The next procedural decision may concern correction or interpretation, challenge, compliance, or enforcement. Limitation for a Section 34 challenge is strict enough that informal assumptions about the date of receipt can create avoidable risk.
9. Challenging an award under Section 34
Section 34 provides the statutory route for applying to set aside an arbitral award. It is not a general rehearing of the dispute on the merits. The applicant must bring the case within one or more grounds recognized by the Act and comply with the statutory time framework.
Section 34(3) generally requires the application within three months from the date on which the party making the application received the arbitral award, subject to the statutory treatment of a request under Section 33. The court may entertain the application within a further period of thirty days if sufficient cause prevented filing within the three-month period, but not thereafter. The exact computation should be checked against the current statute and case-specific dates.
Challenge readiness framework
| Checkpoint | Question |
|---|---|
| Receipt date | What evidence establishes when the signed award was received? |
| Section 33 request | Was a correction, interpretation or additional-award request made, and how does it affect time computation? |
| Ground | Which specific Section 34 ground is relied upon? |
| Record | Where in the arbitral record is the factual basis for that ground found? |
| Jurisdiction | Which court is competent in light of the arbitration seat and prior proceedings? |
| Stay | Is a separate application needed to stay enforcement? |
10. Enforcement under Section 36
An arbitral award becomes enforceable in accordance with Section 36 after the time for making a Section 34 application has expired, subject to the statutory rules where a challenge is filed. Filing a Section 34 petition does not by itself automatically stay enforcement. A separate stay order may be required under the Act.
For Delhi High Court execution matters, current local directions should also be checked. In July 2026 the Delhi High Court issued a practice direction concerning payment of stamp duty on arbitral awards in execution petitions under Section 36. That type of court-specific requirement can affect filing readiness even though the substantive enforcement power comes from the central Act.
Arbitration, litigation and mediation are different procedural routes
| Route | Source of authority | Core feature |
|---|---|---|
| Arbitration | Agreement plus Arbitration and Conciliation Act | Private adjudication by an arbitral tribunal, with limited court-support and challenge roles. |
| Civil litigation | Statute and court jurisdiction | Dispute is adjudicated by a court through the applicable civil procedure. |
| Mediation | Agreement, court referral or applicable statutory framework | Neutral facilitation aimed at settlement rather than an imposed adjudicatory award. |
The existence of an arbitration clause can significantly change the procedural route. Before filing a civil suit on the merits, parties should check whether the dispute is subject to an arbitration agreement and whether Section 8 may apply.
Delhi and NCR arbitration practice
For matters connected with Delhi, the Delhi High Court publishes arbitration-related court rules and current notifications or practice directions. Its Court Rules page includes a chapter on arbitration, and its Notifications and Practice Directions pages include the Scheme for Appointment of Arbitrators, 1996 as updated on the site, a 2026 practice direction concerning Section 29A(4) jurisdiction, and a July 2026 practice direction concerning stamp duty on arbitral awards in Section 36 execution petitions.
Users should distinguish current binding rules and practice directions from draft material. The Delhi High Court also hosts Draft High Court of Delhi Arbitration Rules, 2023. Because they are expressly presented as draft rules, they should not be described as operative rules unless and until the Court notifies their commencement.
Arbitration procedure readiness checklist
| Checkpoint | Question to resolve |
|---|---|
| Agreement | Is there a written arbitration agreement and who is bound by it? |
| Scope | Does the current dispute fall within the clause? |
| Seat and court | What is the arbitral seat and which court has jurisdiction for support or challenge? |
| Preconditions | Does the contract require notice, negotiation or another step first? |
| Interim protection | Is Section 9 or Section 17 relief required? |
| Tribunal | How will the arbitrator or tribunal be appointed, and are disclosures satisfactory? |
| Commencement | When was the Section 21 request received? |
| Pleadings and evidence | Are claims, counterclaims and proof mapped clearly? |
| Timeline | What Section 29A or agreed time framework applies? |
| Post-award | Is the next step compliance, Section 34 challenge, stay, or Section 36 enforcement? |
Information only
This guide explains the general arbitration procedure in India. It does not determine whether a particular dispute is arbitrable, whether an arbitration agreement binds a particular person, which court has jurisdiction, whether interim relief should be granted, whether an arbitrator is eligible, whether an award should be set aside, or whether enforcement can proceed in a particular case. These questions depend on the agreement, seat, dispute, record, applicable statute, institutional rules and current court directions. Verify consequential information from the official sources and obtain case-specific professional advice before acting.
Official sources
Commercial Dispute Procedure explains the specialised Commercial Courts Act route, including Section 12A mediation, commercial pleadings, disclosure, case management and appeal.
Related guides
See Civil Case Procedure for ordinary court litigation, Execution of Decree for court-decree enforcement, Appeal Procedure for appellate routes, Commercial Cases for commercial-dispute context, and the Delhi High Court hub for court-specific navigation.