Arbitration is a powerful sheild, it helps businesses to resolve the disputes quickly, reduce litigation related costs, and reinforce workplace discipline—making it clear that misuse company resources or disrespect of company policy or breach of trust won’t go unchecked.
Arbitration is fast, simple, and cost-effective.
No long court battles. No endless delays.
Just quick, legally binding solutions for your business.
Why wait years in court?
Arbitration gives you clarity in months—not decades.
It’s private, efficient, and built for business disputes.
Quick justice for smart businesses.
Arbitration helps you save time, cut legal costs, and move forward faster—with full legal backing.
Why Arbitration?
In today’s competitive world, companies are facing increased challenges around employee exits, contract breaches, and training investments going to waste. Legal battles in civil courts take years, cost heavily, and drain internal bandwidth.
Arbitration offers a better way—a legally recognized, faster, and private dispute resolution system that doesn’t require the complexities of full-blown litigation.
Arbitration is legally permitted under the Arbitration and Conciliation Act, 1996, It allows to resolve civil and commercial disputes—privately, efficiently, outside courts. we Prakasha and Co guide companies through arbitration matters with professionalism and clarity.
Who Should Consider Arbitration?
Arbitration is not for everyone. It’s a serious legal mechanism best suited when there is significant value at stake.
You should consider arbitration when:
✅ You’ve invested lakhs of rupees in employee training or onboarding
✅ You want to deter reckless exits that disrupt client projects or IP-sensitive work
✅ You’ve experienced contract violations affecting your business deliverables
✅ You want to send a strong message to prevent repeat behavior
✅ You have a well-drafted employment or vendor agreement with an Arbitration Clause
It is not advisable to initiate arbitration for:
❌ Minor notice period violations or small monetary losses (e.g. ₹5,000–₹50,000)
❌ Disputes involving criminal offences, such as:
- Cheating or fraud
- Theft, forgery, or criminal breach of trust
- Sexual harassment – related matters
- BNS or IPC offences
📌 These are not civil in nature and must be addressed through criminal proceedings or statutory authorities—not arbitration.
Actual Case in R&D Company in Bangalore
An R&D firm in Bangalore invested over Rs.2 lakhs per hire to train freshers in proprietary tools. Some left immediately for better offers—no notice period served, no handover, no compliance with exit policy.
Frustrated with repeated incidents, they engaged Prakasha and Co to initiate arbitration under a valid Arbitration Clause in the employment agreement.
We handled the process end-to-end—from document collection to award enforcement, ensuring a fair and structured resolution.
Step-by-Step Arbitration Process
We work closely with your Companies team—primarily HR, Legal, or Leadership—and manage the entire lifecycle as a neutral third-party arbitrator.
The process flows:-
🔹 Stage 1: Internal Company Action (Client-Side)
📍 Timeline: Day 1 – 7
- Employee breaches agreement (exit or contract terms).
- HR issues first legal notice demanding compliance or payment.
- If no response, a final notice is sent.
- Proof of delivery (RPAD or email) is maintained.
📌 We assist your team with templates and legal format for these notices.
🔹 Stage 2: Appointment of Arbitrator (Prakasha and Co)
📍 Timeline: Day 8 – 10
- You formally appoint Prakasha and Co to handle arbitration.
- We issue a notice of arbitration to both parties.
- Matter proceeds at:
- Our office in Bangalore (default)
- Or a neutral venue (your office, virtual, or agreed location)
🔹 Stage 3: Submission of Documents
📍 Timeline: Day 11 – 20
- Client submits:
- Copy of contract
- Training cost or damages proof
- HR communication records
- Opposite party is invited to respond.
- Statement of Claim is filed by the claimant (your company).
🔹 Stage 4: First Hearing & Settlement Window
📍 Timeline: Day 21 – 30
- We conduct an initial hearing (in person or virtual).
- If both parties attend, we encourage amicable resolution.
- If a settlement is reached, it’s recorded formally.
- If not, arbitration proceeds.
🔹 Stage 5: Ex-Parte Hearing (If No Response)
📍 Timeline: Day 31 – 45
- If the employee/vendor doesn’t respond or attend:
- We check if notice was served correctly.
- If notice was returned as “Not Found,” we publish it in a local newspaper.
- Arbitration proceeds ex-parte.
🔹 Stage 6: Evidence & Witness Testimony
📍 Timeline: Day 46 – 60
- Client’s representative (often HR) may appear as a witness.
- Documents and oral statements are recorded.
- Opposing party (if present) may cross-examine.
🔹 Stage 7: Final Arguments & Award Issuance
📍 Timeline: Day 61 – 80
- Both parties can present arguments.
- Arbitrator reviews evidence, assesses legal validity, and issues a well-reasoned Arbitral Award.
📌 This award is enforceable under law and treated like a civil court order
After-Award Enforcement
Even if the losing party ignores the Arbitral Award, the process doesn’t stop.
We guide clients to file an Execution Petition before the local civil court:
✔️ Court can direct bank account freeze, salary attachment, or asset seizure
✔️ Court can direct police to trace the respondent
✔️ At this stage, many parties settle to avoid coercive action
⚠️ This practical remedy turns arbitration from paper into power.
📅 Arbitration Timeline Overview
Stage | Timeline (Days) |
Internal Notices (Client) | 1–7 |
Arbitrator Appointment | 8–10 |
Claim & Response Submission | 11–20 |
First Hearing | 21–30 |
Ex-Parte Checks (If Needed) | 31–45 |
Evidence & Witness | 46–60 |
Final Arguments & Award | 61–80 |
Execution (If Required) | Post-Award |
Meet the Arbitration Team at Prakasha & Co.
All arbitration cases are handled by a dedicated panel of professionals with both legal and corporate backgrounds:
- 🎓 Senior Advocates with 10+ years of experience in civil and commercial arbitration
- 📑 Practicing Company Secretaries (PCS) with strong expertise in corporate law and procedural compliance
- 👩💻 Support team for documentation, hearing coordination, and legal filings
You’ll be guided by our Legal team who understand both legal issues and business realities.
About Arbitration Legal Fees?
We maintain transparency in pricing. Arbitration involves time, documentation, and multiple hearings. Our typical fee structure is
💼 Total Cost Estimate (For a Typical Case)
Scenario | Estimated Total (₹) |
Simple, one-sided arbitration | ₹30,000 – ₹50,000 |
Two-party arbitration with hearings | ₹50,000 – ₹75,000 |
Arbitration with court execution | ₹75,000 – ₹1,00,000+ |
Fee Breakdown by Stage
Stage | Description | Approx. Fee (₹) |
Initial Consultation & Case Review | Reviewing your documents, contracts, and deciding if arbitration is valid | ₹2,000 – ₹5,000 (One-time) |
Drafting & Sending Legal Notices | Support to HR/Legal team with notice formats and strategy | Included (or ₹1,500 if standalone) |
Filing of Arbitration Case | Drafting Statement of Claim, filing, and serving notice to the respondent | ₹10,000 – ₹20,000 |
Appointment of Arbitrator | Formal appointment process, coordination, and file opening | ₹5,000 – ₹10,000 |
Per Hearing Charges | Includes preparation, conduct of hearing, note-taking, and orders | ₹7,500 – ₹15,000 per hearing |
Drafting Arbitral Award | Detailed legal reasoning, final judgment writing, and communication | ₹10,000 – ₹15,000 |
Execution Support (if required) | Filing execution petition in civil court, liaising with advocate | ₹15,000 – ₹25,000 (plus court fees) |
Out-of-pocket costs | RPAD, newspaper publication, courier, printing, etc. | As per actual (~₹1,000 – ₹5,000) |
Confidentiality & Ethics
Every arbitration matter is handled with strict confidentiality:
✅ We sign a Non-Disclosure Agreement (NDA) with clients
✅ No part of the proceedings is made public unless legally mandated
✅ Your company’s documents, disputes, or contracts remain private.
What Makes Arbitration Certain & Effective ?
✅ Timely resolution (2–3 months vs. 2–3 years in courts)
✅ Neutral & legal (handled by trained professionals)
✅ Cost-justified when damages or deterrent value is high
✅ Enforceable Award like a civil court decree
✅ Confidential (no public record or reputation risk)
Who We Serve
We specialize in working with:
- 🧪 R&D and biotech firms
- 💻 IT and software companies
- 🎯 Tech startups
- 🛠️ Service-based companies with contract-sensitive work
What Arbitration Does Not Cover
- ❌ Criminal offences (POCSO, POSH, IPC/BNS cases)
- ❌ Cheating, theft, or fraud (criminal breach)
- ❌ Cases without a valid Arbitration Clause
- ❌ Disputes outside civil nature
Let Prakasha and Co help you protect your business legally, efficiently, and confidently. We bring subject-matter expertise and process maturity—not just legal theory.
Arbitration Office @ Sahakarnagar, Bangalore.
📞 07019827351 | 📧 crp@prakashaandco.com |
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