Recovery service

Arbitration for Payment Recovery

Many B2B contracts, especially with large buyers, contain an arbitration clause that the supplier never reads until payment stops. It is not an obstacle; used well, it is a fast and private route to an enforceable award. FundRaksha, the top-rated payment recovery company in India, with 700+ businesses paid, invokes the clause, runs the claim and enforces the award, for 30% of what is recovered.

आर्बिट्रेशन से बकाया वसूली

1,000+
businesses onboarded
₹50 Cr+
invoice value handled
700+
businesses got their money back
60%
of cases settled before court
Short answer

If your contract has an arbitration clause, a payment dispute is decided by an arbitrator rather than a court. The process: notice invoking arbitration, appointment of the arbitrator (by agreement, institution or court under Section 11), pleadings, hearing and award. The award is enforced like a court decree under Section 36 of the Arbitration and Conciliation Act. MSME suppliers can instead use the Facilitation Council, which itself arbitrates. FundRaksha handles the whole process on a success fee.

When arbitration is the right route

Arbitration applies when the contract says so. Typical clauses appear in vendor agreements with large companies, construction and works contracts, distribution agreements, SaaS and service MSAs, and franchise agreements. If your contract has one, a civil suit will usually be stayed and referred to arbitration, so it is better to start there deliberately.

Arbitration has real advantages for a creditor with a clean claim: a single decision-maker, flexible procedure, confidentiality, and an award that is hard to overturn. It also has a cost, since the parties pay the arbitrator, which is why the clause and the claim size are assessed together in the free consultation.

The arbitration process for a payment claim

  1. Notice of dispute and invocation. The advocate sends a notice within 24 hours demanding payment and, failing that, invoking arbitration and proposing an arbitrator, as the clause requires.
  2. Appointment. If the buyer agrees, the arbitrator is appointed. If the clause names an institution, it appoints. If the buyer does not cooperate, the advocate applies to the High Court under Section 11.
  3. Interim protection. Where there is a risk the buyer will dissipate assets, an application under Section 9 to the court, or Section 17 to the arbitrator, can secure the claim amount.
  4. Pleadings and evidence. Statement of claim with invoices, contract, delivery proofs and interest computation; the buyer's defence; documents and, if needed, witness statements.
  5. Hearing and award. Often decided on documents for a payment claim. The award includes principal, interest and costs.
  6. Enforcement. After the challenge period, the award is executed as a decree: bank attachment, receivables, property.

The MSME exception

If you are a Udyam-registered micro or small supplier, Section 18 of the MSMED Act gives you a statutory right to refer the dispute to the Facilitation Council, which conciliates and then arbitrates. Courts have held that this statutory route prevails over a private arbitration clause in the contract. The Council route has no arbitrator fee, carries interest at three times the RBI bank rate, and requires the buyer to deposit 75 percent of the award to appeal. For eligible suppliers it is almost always the better choice. See MSME Samadhaan filing.

Costs, timelines and FundRaksha's fee

ItemWho paysNote
Arbitrator's feeShared by parties, recoverable in the awardScale fees under the Fourth Schedule apply to court-appointed arbitrators
Institutional fee (if any)SharedDepends on the institution named in the clause
Court fee for Section 9, 11 or enforcementClientModest; quoted in advance
FundRaksha LegalClient30% of the amount recovered; nothing upfront

The Act sets a 12-month target for the award from completion of pleadings, extendable by six months by consent. Payment claims on documents are often resolved faster, and many settle once the arbitrator is appointed and the buyer's lawyer sees the record.

Start with a review of your contract

Send us the contract and the unpaid invoices through a free consultation. The advocate reads the dispute resolution clause, checks your MSME status, assesses the buyer's ability to pay and recommends arbitration, the Facilitation Council or a summary suit. Arbitration is common in construction, IT services and solar and renewables contracts; see those pages for sector detail. For the wider picture, read legal debt recovery.

Last reviewed: 2026-10-08. Information for Indian businesses; not legal advice.

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Free consultation and case assessment

मुफ़्त सलाह, कोई शुल्क नहीं

Talk to a FundRaksha recovery expert for free. In one call we assess your unpaid invoices and tell you honestly what can be recovered, how, and in roughly how long. No fee for the call, no obligation, and no upfront cost if you go ahead: our fee is a percentage of what we actually recover.

  • A review of your invoices, purchase orders, delivery proof and the buyer’s replies
  • An honest assessment of recovery chances and the right route: reminders, legal notice, MSME Samadhaan, Section 138 or a civil suit
  • A realistic timeline and the exact cost: nothing upfront, a success fee only on recovery
  • A dedicated advocate assigned within 24 hours if you decide to proceed
Keep these ready
  • The unpaid invoice(s) and payment terms
  • Purchase order, delivery challan, e-way bill or proof of service
  • Messages, emails or letters about the payment
  • For a bounced cheque: the cheque and the bank return memo

No recovery, no fee. Court fees, if any, are borne by the client and told upfront.

FAQ

Questions, answered

The seat determines which court supervises the arbitration, but hearings can be held anywhere agreed, and documents-only arbitrations are common for payment claims. Your advocate appears wherever needed.

This page is general information for Indian businesses, not legal advice for your specific case. Laws, rates and procedures change; speak to an advocate before acting. FundRaksha LegalTech Pvt Ltd is a technology company; legal work is carried out by enrolled advocates.