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 Arbitration is a medium which provides an effective and expeditious dispute resolution framework unlike the Court proceedings which takes a number of years in resolving disputes between the parties. Parties submit themselves to Arbitration, as it enables a faster resolution and disposal of the disputes between the parties and leaves very little scope for…
Since, the era of White industries case,the there have been enumerous instances where parties to arbitration preferred ad hoc arbitration over institutional and thereby led to greater expansion of the former over the latter.“Ad-hoc arbitration is considered less expensive than institutional arbitration, as the parties only pay fees of the arbitrators, lawyer’s fees, and the…
“ “For the purposes of pre institution mediation, the Authorities constituted under the Legal Services Authorities Act, 1987” may be authorized. Such Authorities are required to whole the manner of mediation inside a period of three months from the date of utility made via the plaintiff. The period of three months, however, may additionally be prolonged via a…
Introduction An alternative dispute resolution (ADR) process can help businesses resolve commercial problems without having to go through the costly process of litigation. Arbitration is a sort of alternative dispute resolution that is widely used. Procedure for ArbitrationArbitration is a more formal method of alternative dispute resolution that incorporates a tribunal process and an independent…
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…
WHAT IS ARBITRAL AWARD An arbitral award is analogous to a judgement in a court of law, it is a determination on the merits by an arbitral tribunal in Arbitration. An arbitration award is the award granted by the tribunal to either of the party. It is usually a monetary award but it can also…
INTRODUCTION Arbitration is a part of Alternative Dispute Resolution (ADR) and is a popular form of ADR used to resolve dispute that is used by individuals and business to resolve disagreements in place of litigation. Arbitration provides flexible, better-quality justice, less time consuming and less expensive resolution of the dispute. [i] WHO IS AN ARBITRATOR?[ii]…
INTRODUCTION 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 in the…
