Arbitration or Mediation in India: What to Check First

Collect the complete contract set

Gather the signed agreement, schedules, amendments, purchase orders and incorporated terms. Confirm which document contains the dispute-resolution clause and whether multiple related contracts use different clauses.

Read the clause for process and jurisdiction

Identify the seat or legal place, venue, governing law, institution or ad hoc rules, number and appointment of arbitrators, language and pre-arbitration negotiation requirements. Ambiguous drafting needs legal assessment.

Define the claims, evidence and urgent relief

Prepare a chronology, claim calculation, defences and core documents. Record whether assets, evidence, performance or limitation creates urgency and whether court or tribunal interim relief may need consideration.

Serve notices carefully

Use the contractual notice address and method, identify the agreement and dispute accurately and preserve delivery evidence. A defective or premature notice can create an avoidable procedural argument.

Consider mediation with informed safeguards

Mediation allows the parties to explore a voluntary settlement and may preserve a commercial relationship. Address confidentiality, authority to settle, interim arrangements and how any settlement will be documented and enforced.

Official sources

• India Code — central legislation database ↗
• Department of Legal Affairs ↗