Arbitration and ADR in India: Drafting Clauses and Running a Mediation

<p>This project follows a junior associate handling real ADR matters for an Indian pharmaceutical exporter: redrafting a defective arbitration clause under the Arbitration and Conciliation Act, 1996 (fixing the seat-versus-venue confusion that plagues most Indian contracts), choosing between institutional bodies like the Mumbai Centre for International Arbitration and ad hoc arbitration once a real dispute erupts, running a full mediation under the Mediation Act, 2023 from pre-mediation through a signed settlement agreement, and finally enforcing both a domestic arbitral award and a foreign award under India's New York Convention framework. Every lesson works through a genuine drafting problem, including a full worked arbitration clause and a settlement agreement excerpt, rather than treating theory and practice as separate topics.

Tools: Arbitration and Conciliation Act 1996, Mediation Act 2023, MCIA Rules, New York Convention