Under the “Competence-Competence” principle, an arbitral tribunal generally has the authority to rule on its own jurisdiction. However, a party may challenge the validity of an arbitration clause in the High Court if it is proven to be “null and void, inoperative, or incapable of being performed.” SQLAW specializes in both defending the sanctity of arbitration clauses and identifying procedural flaws that may render them unenforceable.

To prevent the dissipation of assets or the destruction of evidence during proceedings, parties can apply for interim relief (such as stay orders or injunctions) under Section 20 or the Schedule of the Arbitration Act. These measures ensure that the final award remains meaningful and that the “subject matter” of the dispute is protected while the case is being heard.

In most commercial arbitrations, the principle of “costs follow the event” applies, meaning the losing party may be ordered to reimburse the successful party for legal fees, arbitrator costs, and administrative expenses. Our approach includes a detailed initial cost-benefit analysis to ensure that the pursuit of a claim is commercially viable.

Generally, arbitration is strictly consensual and only involves the signatories of the agreement. However, under specific doctrines like “Group of Companies” or “Alter Ego,” a non-signatory (such as a parent company or a guarantor) may occasionally be joined if their involvement is central to the dispute. We provide strategic counsel on managing multi-party complexities in infrastructure and JV disputes.