Arbitration notices and awards are full of section numbers and terms that make sense to lawyers but not to most people who receive them. "Your client is called upon to nominate an arbitrator under Section 11(5) within 30 days, failing which..." or "the award is enforceable under Section 36 as the period under Section 34(3) has expired." This glossary explains, in plain English, the terms you are most likely to see in arbitration documents in India.
Each entry gives a short meaning and, where useful, why it matters to you. Where there is a fuller guide or service page on this site, the entry links to it. The entries are grouped by the stage of the arbitration in which you are likely to meet them: starting the arbitration, the tribunal, the proceedings, the award, after the award, and related laws and forums.
If a notice uses a term not listed here, or you are unsure what it means for your case, ask us. Many deadlines in arbitration are short, and understanding the notice is the first step to meeting them.
हिंदी में सारांश
आरà¥à¤¬à¤¿à¤Ÿà¥à¤°à¥‡à¤¶à¤¨ नोटिस और अवॉरà¥à¤¡ में à¤à¤¸à¥‡ धारा-नंबर और शबà¥à¤¦ होते हैं जो वकीलों को समठआते हैं, पर ज़à¥à¤¯à¤¾à¤¦à¤¾à¤¤à¤° लोगों को नहीं। यह शबà¥à¤¦à¤¾à¤µà¤²à¥€ उन शबà¥à¤¦à¥‹à¤‚ को आसान à¤à¤¾à¤·à¤¾ में समà¤à¤¾à¤¤à¥€ है जो à¤à¤¾à¤°à¤¤ में आरà¥à¤¬à¤¿à¤Ÿà¥à¤°à¥‡à¤¶à¤¨ दसà¥à¤¤à¤¾à¤µà¥‡à¤œà¤¼à¥‹à¤‚ में सबसे ज़à¥à¤¯à¤¾à¤¦à¤¾ दिखते हैं: जैसे धारा 21 का नोटिस (आरà¥à¤¬à¤¿à¤Ÿà¥à¤°à¥‡à¤¶à¤¨ शà¥à¤°à¥‚ करने का नोटिस), धारा 11 (अदालत दà¥à¤µà¤¾à¤°à¤¾ आरà¥à¤¬à¤¿à¤Ÿà¥à¤°à¥‡à¤Ÿà¤° की नियà¥à¤•à¥à¤¤à¤¿), धारा 9 (अदालत से अंतरिम राहत), सीट (आरà¥à¤¬à¤¿à¤Ÿà¥à¤°à¥‡à¤¶à¤¨ का क़ानूनी सà¥à¤¥à¤¾à¤¨), अवॉरà¥à¤¡ (आरà¥à¤¬à¤¿à¤Ÿà¥à¤°à¥‡à¤Ÿà¤° का फ़ैसला), धारा 34 (अवॉरà¥à¤¡ को चà¥à¤¨à¥Œà¤¤à¥€), और धारा 36 (अवॉरà¥à¤¡ को लागू करना)। कई समय-सीमाà¤à¤ छोटी होती हैं, इसलिठनोटिस को समà¤à¤¨à¤¾ पहला क़दम है।
The short answer
If you read nothing else, know these five. A Section 21 notice starts the arbitration and stops the limitation clock. Section 11 is the court route to appoint an arbitrator when the other side will not cooperate. Section 9 lets a court grant urgent interim relief before, during or just after the arbitration. The award is the arbitrator's final decision, which binds like a court decree. Section 34 is the only way to challenge an award in India, and it must be filed within three months of receiving the award, extendable by only 30 days.
Key sections of the Arbitration Act
| Section | What it is about |
|---|---|
| Section 2(1)(e) | Which court has jurisdiction over arbitration matters |
| Section 7 | The arbitration agreement and when it is "in writing" |
| Section 8 | Court must refer a suit to arbitration if a party applies in time |
| Section 9 | Interim relief from court before, during or after the arbitration |
| Section 11 | Appointment of arbitrators, including by the court |
| Sections 12–15 | Disclosure, challenge and replacement of arbitrators |
| Section 16 | Tribunal decides its own jurisdiction |
| Section 17 | Interim measures ordered by the tribunal |
| Section 20 | Place (seat) of arbitration |
| Section 21 | When the arbitration commences |
| Section 29A | Time limit for the award: 12 months after pleadings close, extendable |
| Section 29B | Fast-track procedure |
| Section 31 | Form and contents of the award, including interest |
| Section 33 | Correction and interpretation of the award |
| Section 34 | Application to set aside the award |
| Section 36 | Enforcement of the award |
| Section 37 | Appeals against certain orders |
| Sections 44–49 | Foreign awards under the New York Convention |
Starting an arbitration
Arbitration agreement or clause
The part of a contract where the parties agree to resolve disputes by arbitration. It may be a clause in the main contract or a separate agreement. See what an arbitration clause means.
Claimant
The party that starts the arbitration and makes the claim.
Respondent
The party against whom the claim is made.
Section 21 notice (notice invoking arbitration)
The written request to refer a dispute to arbitration. The arbitration legally begins when the respondent receives it. See arbitration notice.
Nominee arbitrator
An arbitrator chosen by one party in a three-member tribunal. The two nominees usually choose the third, the presiding arbitrator.
Section 11 application
An application to the High Court, or the Supreme Court in international cases, to appoint an arbitrator when the agreed procedure fails. See appointment of arbitrator.
Section 8 application
An application in a court case asking the court to send the dispute to arbitration because of an arbitration clause. See court case despite an arbitration clause.
Limitation
The time limit for starting a claim, usually three years for money and contract claims. See limitation for arbitration claims.
The tribunal
Arbitral tribunal
The arbitrator or arbitrators deciding the dispute; it may be one person (sole arbitrator) or three.
Sole arbitrator
A single arbitrator who decides the case alone.
Presiding arbitrator
The third arbitrator in a three-member tribunal, who usually chairs the proceedings.
Disclosure (Sixth Schedule)
A written statement by the arbitrator of any circumstances that might raise doubts about independence or impartiality.
Ineligibility (Seventh Schedule, Section 12(5))
Relationships that disqualify a person from acting as arbitrator, such as being an employee or adviser of a party. See who can be an arbitrator.
Unilateral appointment
Where one party alone chooses the arbitrator. After Perkins Eastman (2019) and CORE (2024), such appointments are open to serious challenge.
Challenge to arbitrator
A formal objection to an arbitrator on grounds of bias or ineligibility under Sections 12 and 13, usually within 15 days of learning the facts. See challenge to arbitrator.
Mandate
The arbitrator's authority to act. It can end on withdrawal, removal, or the expiry of the time limit under Section 29A.
Kinds of arbitration
Ad hoc arbitration
Arbitration run by the parties and the arbitrator without an institution. See ad hoc vs institutional arbitration.
Institutional arbitration
Arbitration administered by an institution, such as DIAC or SIAC, under its rules.
Seat
The legal home of the arbitration, whose courts supervise it. See seat vs venue.
Venue
Where hearings physically take place. It need not be the seat.
Domestic arbitration
An arbitration seated in India between Indian parties.
International commercial arbitration
An arbitration where at least one party is foreign, as defined in Section 2(1)(f).
Fast-track arbitration
A shorter procedure under Section 29B, usually on documents, with an award within six months. See fast-track arbitration.
Online arbitration (ODR)
An arbitration conducted electronically. See is online arbitration valid.
During the proceedings
Statement of claim
The claimant's written case, with documents and the amounts claimed. See statement of claim.
Statement of defence
The respondent's written reply, which may include a counter-claim. See defence and counter-claim.
Counter-claim
The respondent's own claim against the claimant, decided in the same arbitration.
Procedural order
A direction from the tribunal fixing timelines, hearings and procedure.
Section 16 objection
An objection that the tribunal lacks jurisdiction, for example because there is no valid arbitration agreement. It must be raised no later than the statement of defence. See jurisdiction objection.
Section 17 order
An interim order by the tribunal, such as an order to preserve assets or provide security. See interim measures by the tribunal.
Section 9 petition
An application to court for interim relief. See interim relief under Section 9.
Emergency arbitrator
An arbitrator appointed by an institution to decide urgent applications before the main tribunal is constituted. See emergency arbitration in India.
Section 29A extension
The time limit for the award is 12 months from completion of pleadings, extendable by six months by consent, and further only by the court. See arbitration time limit.
Ex parte proceedings
Proceedings that continue without a party who fails to appear after notice. See ex parte award remedies.
The award
Arbitral award
The tribunal's decision on the dispute. A final award decides all claims; an interim or partial award decides some.
Reasoned award
An award that gives reasons, as Section 31(3) requires unless the parties agree otherwise.
Consent award (settlement award)
An award recording a settlement reached by the parties during the arbitration, under Section 30.
Pre-award and post-award interest
Interest for the period before the award, at the tribunal's discretion, and after it until payment. See interest on arbitration awards.
Costs
Fees and expenses of the arbitration, which the tribunal may order one party to pay under Section 31A.
Section 33 application
A request to the tribunal, within 30 days, to correct a computation or typographical error, interpret a point, or make an additional award on a claim missed. See correction of award.
Ex parte award
An award passed in a party's absence after notice. It is as binding as any other award, but often open to challenge on notice grounds.
Signed copy and delivery
The award must be signed and a signed copy delivered to each party under Section 31(5). The challenge deadline runs from receipt.
After the award
Section 34 application (setting aside)
The only way to challenge an award in India, within three months of receipt, plus up to 30 days for sufficient cause. See challenge an award under Section 34 and time limit to challenge an award.
Patent illegality
A ground for setting aside domestic awards where an illegality appears on the face of the award.
Public policy of India
A narrow ground covering fraud or corruption, fundamental policy of Indian law, and basic notions of morality or justice.
Section 36 stay
An order pausing enforcement while a Section 34 challenge is pending, usually on deposit. See stay of arbitral award.
Section 37 appeal
An appeal against certain court orders, including orders setting aside or refusing to set aside an award. See arbitration appeal.
Execution
Enforcing the award like a court decree, by attaching bank accounts, property and receivables. See how to enforce an award.
Garnishee order
A court order directing a third party, such as a bank or customer, to pay money owed to the losing party into court.
Foreign award
An award made in a New York Convention country notified by India, enforceable under Part II. See enforce a foreign award in India.
Related laws and forums
MSME Facilitation Council (MSEFC)
A state council that conciliates and arbitrates delayed payment claims of micro and small suppliers under Section 18 of the MSMED Act. See MSME Facilitation Council.
Udyam registration
Registration of a micro, small or medium enterprise on the government portal. See Udyam registration.
45-day rule
A buyer must pay a micro or small supplier within the agreed period, not exceeding 45 days, under Section 15 of the MSMED Act. See MSME 45-day rule.
Commercial court
A court that hears commercial disputes of ₹3 lakh or more under the Commercial Courts Act. See what is a commercial dispute.
Section 12A mediation
Mandatory pre-institution mediation before most commercial suits. See is pre-litigation mediation mandatory.
Order XXXVII summary suit
A faster suit for debts, in which the defendant needs leave to defend. See summary suit vs regular suit.
DRT
The Debts Recovery Tribunal, which hears bank and financial institution claims of ₹20 lakh or more. See DRT debt recovery.
NCLT
The National Company Law Tribunal, which hears insolvency and company law cases. See NCLT and NCLAT lawyer.
Older and formal words you may see
Some notices still use older legal words. A few that appear often in arbitration papers are worth knowing. "Ex parte" means in the absence of a party. "Prima facie" means on a first look, before a full examination. "Pendente lite" interest means interest for the period while the case was pending. "Inter alia" means among other things. "Sine die" means adjourned without a fixed next date. "Kompetenz-kompetenz" is a German phrase for the tribunal's power to decide its own jurisdiction, found in Section 16.
On this site we use plain English instead of these words, but you will often see them in notices, orders and judgments, so it helps to recognise them.
Reading a real-looking notice
Here's a made-up example. A Noida trader received a letter from a finance company's advocate saying: "Our client hereby invokes the arbitration clause under Section 21 of the Arbitration and Conciliation Act, 1996 and nominates Mr X as sole arbitrator. You are called upon to concur within 30 days, failing which our client shall be constrained to approach the Hon'ble High Court under Section 11(6)."
In plain English, this meant: the finance company has started an arbitration against you today, and limitation stopped running for its claim; it proposes Mr X as the only arbitrator; if you do not agree within 30 days, it will ask the High Court to appoint an arbitrator. The trader's options were to agree to Mr X, propose someone else, object if Mr X was connected to the finance company, or simply let the High Court appoint a neutral arbitrator. Understanding the notice made it clear that doing nothing was not a good option.
Time limits you will see
30 days (Section 11 notice)
Common period for the other side to agree on or appoint an arbitrator before a party goes to court.
15 days (challenge to arbitrator)
Time to challenge an arbitrator under Section 13 after learning of the grounds, unless the parties agreed otherwise.
12 months (Section 29A)
Time for the award after pleadings close, extendable by six months by consent, and further by the court.
30 days (Section 33)
Time to ask the tribunal to correct or interpret the award, or make an additional award.
3 months + 30 days (Section 34)
Time to challenge the award, from receipt. The 30 days are available only for sufficient cause, and no more.
60 or 90 days (appeals)
Appeals in commercial matters under Section 13 of the Commercial Courts Act within 60 days; other periods under the Limitation Act.
3 years (claims)
Usual limitation for money and contract claims, and for Section 11 applications.
12 years (execution)
Time to execute a domestic award as a decree.
Money terms
Principal
The basic amount claimed, without interest or costs.
Liquidated damages
A sum fixed in the contract as compensation for a breach, such as delay. Under Section 74 of the Contract Act, reasonable compensation is recoverable up to the stated sum.
Unliquidated damages
Compensation that must be assessed by the tribunal on evidence of loss.
Security
A deposit, bank guarantee or other assurance that an award will be paid, often ordered as a condition of a stay.
Deposit (Section 19, MSMED Act)
A buyer challenging an MSME council award must first deposit 75% of the award amount. See challenge an MSME award.
Fourth Schedule fees
The model fee scale for arbitrators in the Act. See arbitration fee calculator.
How to use this glossary
This glossary gives simplified meanings, not legal definitions. The exact meaning of a term can depend on the statute, the rules of an institution, the wording of your contract, and the facts. Use it to understand your papers, then check the fuller guide linked in each entry, or ask us about your case. If your notice mentions a deadline, act on the deadline first and look up the terms second.
People and bodies
Arbitral institution
A body that administers arbitrations, such as DIAC, IIAC, MCIA or SIAC. See DIAC arbitration.
Secretariat or registrar
The institution's staff who handle filings, fees and correspondence.
Appointing authority
A person or body named in the contract to appoint the arbitrator if the parties cannot agree.
Legal Services Authority
The body that conducts pre-institution mediation for commercial suits under Section 12A.
Facilitation Council
The state MSME council that conciliates and arbitrates delayed payment claims.
Award holder and award debtor
The party that won the award, and the party that must pay it.
Garnishee
A third party, such as a bank or customer, who holds money owed to the award debtor.
Authorised representative
A person, such as a director or officer, authorised by a company to sign documents or act in the arbitration.
Frequently Asked Questions
What does "invoking arbitration" mean?
Formally starting the arbitration by a Section 21 notice.
What is the difference between a claimant and a respondent?
The claimant makes the claim; the respondent answers it.
What is the seat of arbitration?
The legal home of the arbitration, whose courts supervise it.
What is an award?
The arbitrator's decision, which is binding and enforceable like a court decree.
What is Section 34?
The provision for challenging an award, within three months of receipt plus up to 30 days.
What does Section 36 mean?
Enforcement of an award as a decree.
What is a Section 9 petition?
An application to court for urgent interim relief.
What is an MSEFC?
A state MSME Facilitation Council that hears delayed payment claims of micro and small suppliers.
What is execution?
Enforcing an award by attaching and selling the losing party's assets.
Where can I find more detail?
Follow the links in each entry, or ask us.
Received a notice you do not understand?
Send it to us. We will explain what it means and what you need to do, and by when.
This page gives general information about arbitration and dispute law in India as it stood when it was last reviewed. It is not legal advice on your case and does not promise any result. Time limits, fees and court rules change, and the right step depends on your own contract, dates and documents, so take advice before acting.
There's no reason for concern. There is no difficult-to-understand legalese.
Someone who has helped many people with the same problems gives you clear, honest advice. We want to make the legal process easy to understand and use for everyone.
Schedule Your Consultation