We can divide arbitration into two types – (i) Domestic Arbitration and (i) International Arbitration. The distinction between the two is so significant that UNCITRAL Model Law is specifically created for international commercial arbitration. Though the expression domestic arbitration is not used in the Arbitration and Conciliation Act, it means an arbitration proceeding arising out…
Domestic award Often awards arising out of international arbitration proceedings are actually enforced under the regime of domestic awards. Though each state is generally free to determine which awards it considers to be domestic, the relevant criterion is normally the place of arbitration. As a consequence, recognition and enforcement of awards rendered within a country…
Introduction Interim or conservatory measures are also referred to as provisional measures and the same are extremely important in international arbitration and international litigation. The relief sought by means of the request of an interim measure is usually to protect the rights or interests of the alleged innocent parties. Since there may be a gap…
What is an award? An arbitral tribunal pronounces numerous decisions during the course of its proceedings. These decisions are mainly divided into two categories: ‘Orders’ and ‘Awards’. It is very important to define what an award is. While an award deals with substantial issues which resolve the issues in dispute, an order resolves the procedural…
Arbitration in its essence means the settlement of a dispute by people who are appointed by the parties to the dispute. It involves the dispensation of justice through a private agency. This idea exists in India since ancient times. There were different institutions in ancient India that can be regarded as precursors of modern-day arbitration.…
“Justice is never given, it has to be achieved.” – A. Philip Randolph Coming from a typical Marwari business family, I did not know much about the law or the legal profession until college. I never felt the need to know the law. During my school days, I was good in studies and participated in…
The basic frameworks would change significantly. A policy ideal which can try to differentiate between protectionist actions and those carried out for legal non-commercial reasons is currently in conflict with NAFTA case-law, which in some cases states that motive for an action does not constitute a significant regard — a view sustained with customary international…
The advent of Covid-19 and measures taken to stop the transmission of this possibly deadly virus has got everyone around has ensued nation-wide lockdowns. With Judicial proceedings on a standstill, ADR continues to grow in popularity as alternate means of conflict settlement. This article discusses the concept, challenges and future considerations related to E-Arbitration in India.
INTRODUCTION When disagreeing parties are not satisfied with the judgement passed by the Court via litigation, Alternative Dispute Resolution (ADR) comes in play to save the day. ADR is an external dispute resolution method which is used to settle disputes between two parties or more, with the help of a third party. It has a…
WHAT IS ARBITRATION Arbitration is a type of Alternative Dispute Resolution (ADR) and it is used when the parties fail to settle their dispute through litigation. Contrary to litigation, in Arbitration, the parties are at freedom to choose their own tribunal (arbitrator(s)). The decision of the Arbitrator(s) is binding on both the parties and enforceable…
