Dispute Resolution Services
Expert Services International can provide dispute resolution services in India under the Arbitration and Conciliation Act, MCIA and DIAC Rules, conciliation and mediation.
Indian Dispute Resolution Framework
Dispute resolution in India is governed by the Arbitration and Conciliation Act 1996 (amended 2015 and 2019), which implements the UNCITRAL Model Law. The Commercial Courts Act 2015 establishes specialist courts for commercial disputes, and the Real Estate (Regulation and Development) Act 2016 provides specific dispute resolution mechanisms for real estate matters.
Expert Services International can provide arbitration, conciliation, mediation, expert determination and dispute advisory services in India. The MCIA and DIAC administer institutional arbitrations, and Lok Adalat conciliation provides an additional avenue for dispute resolution.
India is a common law jurisdiction. The Arbitration and Conciliation Act 1996 (amended 2015 and 2019) provides the statutory framework for arbitration and conciliation, implementing the UNCITRAL Model Law.
Commercial Arbitration
The Arbitration and Conciliation Act, 1996 provides the statutory foundation for both domestic and international arbitration in India. The act was substantially amended in 2015 and again in 2019 and 2021, with each amendment cycle reflecting contemporary developments in international arbitration and Government policy to enhance India's attractiveness as an arbitration seat. The 2015 amendments introduced the concept of institutional arbitration and recognised the importance of specialised arbitration institutions. The 2019 amendments addressed additional procedural matters, whilst the 2021 amendments focused on further refinements to promote efficiency and provide clearer guidance on application of the A&C Act.
The MCIA, based in Mumbai, represents India's premier institutional arbitration forum for international commercial disputes. The MCIA has released the third edition of its Arbitration Rules, the MCIA Rules 2025, representing the most substantial update since the original 2016 rules. The 2025 MCIA Rules have expanded from 36 to 49 provisions and introduce significant procedural innovations including combined requests for arbitration allowing claimants to file a single request to initiate multiple arbitrations, expanded consolidation and joinder provisions, early dismissal mechanisms, information security protections and comprehensive provisions addressing third-party funding disclosure. The 2025 Rules demonstrate MCIA's commitment to aligning with international best practice whilst addressing contemporary challenges in international dispute resolution. In 2024, the MCIA recorded a 48 percent increase in new cases, reflecting substantial growth in institutional arbitration activity in India. More than 90 percent of MCIA-administered arbitrations are established through MCIA clauses in the underlying contracts, demonstrating strong institutional support and confidence from the commercial community.
The Delhi International Arbitration Centre (DIAC) has experienced extraordinary growth in recent years, with total caseload increasing from 2,857 cases in 2020 to 10,015 cases in 2024, whilst the number of hearings conducted annually increased from 1,959 to 15,359 during the same period. This dramatic expansion reflects growing recognition of DIAC's facilities, expertise and procedural efficiency. The DIAC operates with state-of-the-art infrastructure, pre-established procedural rules, organised administrative structures and competitive fees, providing parties with a sophisticated and accessible institutional framework for arbitration.
Alternative Mechanisms
Part III of the Arbitration and Conciliation Act, 1996 provides a comprehensive framework for conciliation in India. Conciliation represents a voluntary procedure in which a conciliator assists parties in resolving their dispute, with the conciliator having authority to propose settlement terms and to meet separately with the parties in confidential sessions. The statutory framework provides flexibility in the appointment of conciliators, the procedures to be followed and the conduct of the conciliation process. The statutory conciliation framework has proven effective as a precursor to arbitration, with many parties attempting conciliation before escalating disputes to arbitration.
India's newly enacted Mediation Act, 2023 establishes a dedicated statutory framework for mediation procedures within India. The act creates a formal institutional and procedural framework for mediation, distinct from the conciliation provisions in the A&C Act. The Mediation Act represents a significant legislative development, reflecting Government recognition of the value of mediation as a primary dispute resolution mechanism and a means of diverting disputes from more formal and costly arbitral and litigation processes. The act provides for the appointment of mediators, establishes standards for mediator qualification and conduct, and protects the confidentiality of mediation proceedings. These developments have substantially enhanced the attractiveness of mediation as a pre-arbitral mechanism in India.
India's system also incorporates Lok Adalats, which are forums conducted primarily by legal professionals and lay members to resolve disputes in a consensual and expedited manner. Court-annexed mediation operates in many of India's judicial institutions, with courts actively encouraging and facilitating mediation of disputed matters before progressing to formal adjudication. The MSME facilitation councils provide specialised mediation and dispute resolution services tailored to the needs of micro, small and medium enterprises. For construction disputes, the Commercial Courts Act, 2015 specifically recognises the importance of pre-arbitral procedures including negotiation, mediation and dispute adjudication board (DAB) mechanisms. These pre-institutional mechanisms operate as important gateways to arbitration, allowing parties to exhaust settlement opportunities before incurring the costs and formality of arbitral proceedings.
Construction Disputes
Construction disputes in India are governed by the Construction Law framework, with the primary statutory mechanisms being the Construction Contracts Act at the state level (variously titled) and the specialised provisions of the Commercial Courts Act, 2015. India's construction dispute resolution landscape has been substantially shaped by the enactment of the Real Estate (Regulation and Development) Act, 2016 (RERA), which establishes a comprehensive statutory framework governing real estate development, consumer protection and dispute resolution in the residential property sector.
RERA 2016 established specialised RERA tribunals in each state to resolve disputes arising from residential real estate transactions. These tribunals are staffed by judicial members and members with expertise in real estate and consumer law, and they possess specialised jurisdiction to hear disputes between developers and homebuyers. RERA has proven significantly effective in protecting consumer interests and in providing accessible and affordable dispute resolution specifically tailored to the needs of residential property consumers. The tribunal system has become a primary forum for resolution of many construction and real estate disputes in India.
The adoption of FIDIC standard forms has become increasingly widespread in major construction and infrastructure projects in India, particularly those involving international financing or participation by international contractors and consultants. FIDIC conditions provide detailed provisions for construction contracting with particular emphasis on contractual clarity, equitable risk allocation, transparent variation procedures and comprehensive dispute resolution mechanisms including expert determination and arbitration. The utilisation of FIDIC forms has been complemented by the use of FIDIC-inspired standard forms and templates developed domestically. For projects involving smaller enterprises, the MSME Act provides specialised frameworks recognising the constraints of micro, small and medium enterprises and requiring that contracts reflect equitable allocation of costs and risks.
Contemporary Developments
India's dispute resolution landscape has undergone significant evolution in recent years, with the most substantial developments being the release of the MCIA Rules 2025 and the enactment of the Mediation Act, 2023. The MCIA Rules 2025 represent a comprehensive revision of the institutional framework, incorporating innovations addressing contemporary challenges in international commercial arbitration including third-party funding, multi-party disputes and procedural efficiency. The rules position India as a sophisticated and internationally engaged arbitration seat capable of administering complex international disputes.
The Mediation Act, 2023 represents a landmark statutory development, creating a dedicated framework for mediation and reflecting Government policy to promote alternative dispute resolution mechanisms as the primary avenue for dispute resolution. The act establishes standards for mediator qualification, protects confidentiality of mediation proceedings and provides statutory recognition for mediated settlement agreements. The emergence of a dedicated mediation framework operating alongside the traditional arbitration and conciliation mechanisms has substantially diversified India's dispute resolution landscape.
The DIAC has continued its extraordinary growth trajectory, with the institution recording a 254 percent increase in caseload between 2020 and 2024 and a 685 percent increase in annual hearings over the same period. This exceptional growth reflects DIAC's effectiveness in providing accessible, efficient and cost-effective dispute resolution facilities and reflects the institutional development trajectory of dispute resolution in India.
Asia-Pacific Expertise
Expert Services International can provide services in dispute resolution across India's institutional arbitration framework, conciliation and mediation procedures. Our practice combines technical knowledge of MCIA, DIAC and other institutional frameworks with deep understanding of Indian arbitration law, contract standards and the practical realities of commercial and construction dispute resolution in India.
Whether the dispute concerns commercial transactions, construction and infrastructure projects or real estate matters falling within RERA's scope, our team understands the institutional frameworks, procedural requirements and substantive law applicable in each forum. We prepare expert evidence and written submissions addressing contractual interpretation, liability analysis and damages quantification. We participate effectively in hearings, procedural conferences and pre-arbitral mechanisms including mediation and conciliation.
Our Expertise
Expert Services International can provide dispute resolution services to parties involved in construction and infrastructure disputes. Our services include acting as arbitrator, expert determiner and mediator. We also provide expert witness reports and testimony addressing quantum, delay, disruption, construction defects, contractual interpretation, variations, liquidated damages and claims for set-off.
We prepare claims submissions, expert reports and advocacy for use in arbitration, expert determination, mediation and dispute board proceedings. We can assist parties with the preparation and presentation of claims and defences across all forms of dispute resolution.
Service Scope
Acting as arbitrator in domestic and international arbitration proceedings. We manage all aspects of arbitral procedure, conduct efficient hearings and deliver reasoned awards addressing the issues in dispute in accordance with applicable law and the parties' contractual framework.
Acting as expert determiner under contractual expert determination clauses and institutional rules. Expert determination provides a binding resolution of technical and valuation disputes by a suitably qualified professional, typically within a shorter timeframe than arbitration or litigation.
Preparation of expert reports addressing quantum, delay, disruption, construction defects, contractual interpretation, variations, liquidated damages and claims for set-off. We provide expert testimony in arbitration, court proceedings, mediation and expert determination proceedings.
Acting as mediator and providing mediation services to assist parties in reaching a negotiated resolution of disputes. We facilitate structured discussions, assist in identifying common ground and help parties achieve settlement without the need for formal adjudication.
Acting as dispute board member, chairperson or single neutral on major infrastructure projects. Dispute boards provide a standing mechanism for the rapid resolution of disputes during project execution, maintaining familiarity with the project throughout its duration.
Preparation of claims submissions and expert analysis for use in arbitration, expert determination, mediation and dispute board proceedings. We assist parties with the preparation and presentation of claims and defences addressing quantum, delay, disruption and contractual matters.
