How to File Arbitration in India — Step by Step Guide (2025)
Filing arbitration in India is simpler than going to court — but it requires following a specific process. Here's a complete, step-by-step guide from invoking the clause to enforcing your award.
Check Your Arbitration Agreement / Clause
The first step is to verify you have a valid arbitration agreement. Look for an 'arbitration clause' in your contract — usually at the end, under 'Dispute Resolution' or 'Governing Law'.
If your contract has an arbitration clause, you can invoke it for disputes arising from that contract. If there's no clause, you'll need the other party's agreement to arbitrate (a 'submission agreement').
Also check: the number of arbitrators (sole vs three-member), the seat of arbitration (city/state), institutional rules (if any), and the governing law.
💡 Tip: If your contract references an institution like Sandhee or DIAC, follow that institution's rules for filing.
Send a Notice of Arbitration
Once you decide to arbitrate, you must send a formal Notice of Arbitration to the other party (the 'Respondent'). This is a mandatory first step under most arbitration rules.
The Notice should clearly state: (1) the parties, (2) the nature of the dispute, (3) the relief sought, (4) the arbitration clause being invoked, and (5) your proposed arbitrator (if appointing).
Send via registered post or email with delivery confirmation. Keep proof of delivery — it matters for timelines.
💡 Tip: Section 21 of the Arbitration Act: arbitration commences on the date the respondent receives the Notice of Arbitration.
Appoint an Arbitrator / Constitute the Tribunal
After notice, the parties must appoint the arbitral tribunal within 30 days. For a sole arbitrator, both parties must agree. For a three-member panel, each party appoints one arbitrator, and the two party-appointed arbitrators appoint the third (presiding) arbitrator.
If parties cannot agree on a sole arbitrator or if a party fails to appoint within 30 days, either party can apply to the High Court under Section 11(6) for appointment.
Alternatively, if your arbitration clause specifies an institution (like Sandhee), the institution appoints the arbitrator under its rules — typically within 7–14 working days.
💡 Tip: Choosing an institution like Sandhee for arbitrator appointment avoids Section 11 court applications and saves time.
File Your Statement of Claim
After the tribunal is constituted, the arbitrator will set a timeline for pleadings. You (as Claimant) must file a Statement of Claim — a detailed document setting out your facts, legal basis, and the relief/compensation you seek.
Attach all supporting documents: the contract, invoices, correspondence, evidence of breach, and quantum of damages.
The Respondent will file a Statement of Defence (and possibly a counterclaim). You may have the opportunity to file a Reply.
💡 Tip: Well-drafted pleadings are crucial. Attach all evidence upfront — amendments later can be time-consuming.
Attend Hearings & Present Your Case
The arbitrator will schedule hearing dates. For online arbitration at Sandhee, all hearings are conducted via secure video conferencing — no travel required.
Both parties present oral arguments, examine witnesses, and cross-examine the other side's witnesses. The arbitrator may ask questions.
After hearings, the arbitrator may invite written submissions (closing arguments) before deliberating.
💡 Tip: Section 29A: the tribunal must issue its award within 12 months of constitution. Parties can extend by consent to 18 months.
Receive & Enforce the Arbitral Award
The arbitrator issues a final, reasoned arbitral award. The award is binding on both parties and enforceable under Section 36 of the Arbitration Act as a court decree.
If the losing party does not comply, you can apply to the appropriate court for enforcement (execution) of the award — attaching assets, bank accounts, etc.
The losing party has 3 months to challenge the award under Section 34 (on very limited grounds). If not challenged, the award becomes fully enforceable.
💡 Tip: For online arbitration at Sandhee, awards are delivered digitally and include all required elements under Section 31.
File Arbitration Online with Sandhee
Skip the paperwork. Sandhee's platform guides you through all 6 steps online — notice, arbitrator appointment, hearings, and award delivery.
Start Your Arbitration →