Question 1

What does your engagement process look like?

Accepted Answer

A 30-minute scoping call to map the matter, followed by a written engagement letter with scope, deliverables, timeline and fixed fee. Once accepted, we open a matter file, request the document list, and start work with a single point of contact — the founder.

Question 2

How long does a typical matter take?

Accepted Answer

Advisory notes and clause reviews are usually turned around in 3–5 working days. Filings and secretarial matters follow the statutory calendar. Tribunal and transactional matters run on their own procedural timelines, which we confirm at engagement and update as milestones move.

Question 3

What documents will you need from us?

Accepted Answer

At a minimum: the company's certificate of incorporation, MoA and AoA, latest financials, list of directors and shareholders, and any contracts or notices relevant to the matter. A detailed document checklist is shared with the engagement letter so nothing is asked for twice.

Question 4

Is an arbitration clause mandatory in every commercial contract?

Accepted Answer

No, but it is advisable in high-value or long-tenure contracts. A well-drafted clause specifying seat, venue, institution and appointment mechanism avoids costly jurisdictional disputes if a dispute later arises.

Question 5

Can a Company Secretary appear in arbitration proceedings?

Accepted Answer

Yes. A party in an arbitration may be represented by any person of its choice; there is no bar on a Practising Company Secretary appearing as an authorised representative before an arbitral tribunal.

Question 6

What is the difference between the seat and the venue of arbitration?

Accepted Answer

The seat determines the supervisory court and the curial (procedural) law of the arbitration. The venue is only the physical place where hearings are held. Both are often the same city, but they need not be.

Question 7

How long does an arbitration take in India?

Accepted Answer

Under Section 29A of the Arbitration and Conciliation Act, 1996, a domestic arbitration is to be completed within 12 months from the completion of pleadings, extendable by 6 months by consent and further by the court.

Question 8

Is pre-institution mediation compulsory before filing a commercial suit?

Accepted Answer

Yes. Section 12A of the Commercial Courts Act, 2015 mandates pre-institution mediation for commercial suits that do not contemplate any urgent interim relief, before the suit can be instituted.

Question 9

How is a foreign arbitral award enforced in India?

Accepted Answer

A foreign award from a New York Convention country is enforced under Part II Chapter I of the Arbitration and Conciliation Act, 1996, by filing an application before the competent High Court along with the original award and arbitration agreement.

Alternative Dispute Resolution