Arbitration & ADR

Arbitration is increasingly the forum of choice for the resolution of substantial commercial and infrastructure disputes. Lexacto & Co. acts in arbitral proceedings as counsel of record, drafting statements of claim and defence, advising on procedural orders, conducting evidentiary hearings, and arguing on the merits before sole arbitrators and three-member tribunals.

The firm has experience in arbitrations seated in India and in offshore seats, both ad hoc and under institutional rules. The practice covers commercial, construction, joint venture, and post-merger disputes, as well as multi-party arbitrations arising out of consortium and infrastructure agreements. The firm also acts in setting-aside proceedings and enforcement of awards before the relevant courts.

In mediation, the firm advises and represents clients through a confidential, facilitated process aimed at resolving disputes by agreement. Counsel helps clients prepare their positions, identify practical settlement options, participate in mediation sessions, and record agreed terms in clear settlement documentation.

The firm also advises micro and small enterprise suppliers and their buyers on delayed-payment disputes under the Micro, Small and Medium Enterprises Development Act, 2006, including references to Micro and Small Enterprises Facilitation Councils (MSEFCs) and the conciliation and arbitration process under Section 18.

Scope of Services

• Drafting of arbitration clauses, dispute resolution clauses, and multi-tier dispute provisions
• Counsel of record in domestic ad hoc and institutional arbitrations
• Counsel in international arbitrations under applicable institutional rules
• Section 9 and Section 17 interim measures applications
• Section 34 setting-aside proceedings and Section 37 appeals
• Enforcement of domestic and foreign arbitral awards under Sections 36, 47, and 49
• Advice on delayed-payment claims and defences under the MSMED Act, 2006
• Representation in MSEFC references, conciliation, and arbitration under Section 18
• Challenges to and enforcement of arbitral awards arising from MSME disputes
• Representation in commercial, family business, and court-referred mediations
• Mediation preparation, including case assessment, issue mapping, and settlement strategy
• Negotiation support during mediation and drafting of settlement terms
• Multi-party commercial and infrastructure arbitrations
• Investor-state and treaty arbitration support

Forums & Authorities

The firm appears in arbitral proceedings and in supervisory court proceedings that arise from arbitration agreements.

• Supreme Court of India in matters concerning arbitration jurisprudence
• High Courts in arbitration-related applications and appeals
• Arbitral tribunals constituted ad hoc and under institutional rules
• Mumbai Centre for International Arbitration (MCIA) and the Delhi International Arbitration Centre
• Delhi Arbitration Centre

Sectors Served

The arbitration practice serves clients whose commercial relationships are likely to result in disputes of significant value or technical complexity.

• Infrastructure, construction, and engineering contractors
• Energy and natural resources entities
• Joint venture partners and consortium members
• Cross-border investors and multinational groups
• Manufacturing and supply chain participants
• Financial institutions in disputes arising from finance documentation

Why Engage Lexacto & Co.

The firm's arbitration counsel combine litigation-grade advocacy with the procedural agility that arbitration demands. Senior counsel are directly involved in pleadings, witness preparation, and oral argument, ensuring that the case is presented with the consistency and rigour expected by sophisticated tribunals.

Clients also engage the firm because its arbitration practice draws on the wider firm — corporate, banking, infrastructure, and regulatory teams contribute to disputes whose subject matter spans these disciplines, ensuring that complex factual matrices are addressed with both depth and coherence.