← Back to insights
Arbitration vs Litigation in Indian Commercial Contracts
When does institutional arbitration genuinely beat the commercial courts? A framework for in-house counsel.
The reflex to insert an arbitration clause into every commercial contract should be re-examined. With the Commercial Courts Act materially shortening litigation timelines for high-value disputes, arbitration is no longer automatically faster.
We compare cost, enforceability, confidentiality, and appellate exposure across both forums, with case-data from the last 36 months.
Our recommendation: choose the forum based on counterparty geography, dispute quantum, and the likelihood of interim relief — not muscle memory.