Advocates in Jabalpur, Lawyers

Arbitration Definition

Arbitration, a form of alternative dispute resolution (ADR), is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons (the “arbitrators”, “arbiters” or “arbitral tribunal”), by whose decision (the “award”) they agree to be bound. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides. Other forms of ADR include mediation (a form of settlement negotiation facilitated by a neutral third party) and non-binding resolution by experts. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. The use of arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts. Arbitration can be either voluntary or mandatory (although mandatory arbitration can only come from a statute or from a contract that is voluntarily entered into, where the parties agree to hold all disputes to arbitration, without knowing, specifically, what disputes will ever occur) and can be either binding or non-binding. Non-binding arbitration is, on the surface, similar to mediation. However, the principal distinction is that whereas a mediator will try to help the parties find a middle ground on which to compromise, the (non-binding) arbitrator remains totally removed from the settlement process and will only give a determination of liability and, if appropriate, an indication of the quantum of damages payable.

Conciliation Definition

Conciliation is an alternative dispute resolution (ADR) process whereby the parties to a dispute (including future interest disputes) agree to utilize the services of a conciliator, who then meets with the parties separately in an attempt to resolve their differences. They do this by lowering tensions, improving communications, interpreting issues, providing technical assistance, exploring potential solutions and bringing about a negotiated settlement. Conciliation differs from arbitration in that the conciliation process, in and of itself, has no legal standing, and the conciliator usually has no authority to seek evidence or call witnesses, usually writes no decision, and makes no award. Conciliation differs from mediation in that the main goal is to conciliate, most of the time by seeking concessions. In mediation, the mediator tries to guide the discussion in a way that optimizes parties needs, takes feelings into account and reframes representations. In conciliation the parties seldom, if ever, actually face each other across the table in the presence of the conciliator.

Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (ADR) (also known as external dispute resolution in some countries, such as Australia) includesdispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. ADR basically is an alternative to a formal court hearing or litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party. ADR are ways and methods of resolving disputes outside the judicial process (formal litigation – court).

History, origins and meaning of Arbitration

Arbitration is generally defined to mean the determination of disputes between parties by a person appointed or chosen by them (arbiter). It is thus an informal method of dispute resolution with flexibility in procedures and rules.  As a method of dispensing justice, arbitration is not a modern phenomenon. The Western idea of private arbitration can be traced back to the Roman and Canon law. Arbitration as a dispute resolution mechanism was used in Common Law since the 14th Century.  However arbitration and other methods of dispute resolution have become of considerable significance after the 19th Century, with the advent of trans-national trade and commerce and with a view to have speedy and inexpensive means of resolving grievances. Thus there is a clause for arbitration in most modern day trading contracts.

History of panchayats dispensing justice

However in India, panchayats (both village and the notorious ‘khap’ caste panchayats) have been arbitrating on property disputes, torts and even criminal offences like murder and rape since time immemorial. Panchayat (literally five wise men) is a representative body of the members of a particular caste or village (usually headed by the elder most people or the most respected and experienced elder).  One of the most important functions of these panchayats is the dispensing of justice.

Index, Arbitration and Conciliation Act, 1996

Arbitration and Conciliation Act, 1996

Arbitration and Conciliation

We Provide international arbitration services, legal arbitration services, domestic arbitration services. The Arbitration process in India is based on the UNCITRAL Model Law on International Commercial Arbitration. The Indian Arbitration and Conciliation Act, 1996 is the governing arbitration statute in India. It is based on the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 1985.
Previous statutory provisions on arbitration were contained in three different enactments, namely, the Arbitration Act, 1940, the Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforcement) Act, 1961. The Arbitration and Conciliation Act, 1996 has repealed the Arbitration Act, 1940 and also the Acts of 1937 and 1961.
India is a party to the following conventions:

• The Geneva Protocol on Arbitration Clauses of 1923
• The Geneva Convention on the Execution of Foreign Arbitral Awards, 1927; and
• The New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards. It became a party to the 1958 Convention on 10th June, 1958 and ratified it on 13th July, 1961.

There are no bilateral Conventions between India and any other country concerning arbitration.

• Arbitration and Conciliation
• Arbitration Judgments, Orders by Supreme Court of India
• Arbitration lawyers
• Books on Arbitration and Conciliation
• CHAPTER I General provisions
• CHAPTER II Arbitration Agreement
• CHAPTER III Composition of Arbitral Tribunal
• CHAPTER IV Jurisdiction of Arbitral Tribunals
• CHAPTER IX Appeals
• CHAPTER V Conduct of Arbitral Proceedings
• CHAPTER VI Making of arbitral award and termination of proceedings
• CHAPTER VII Recourse against arbitral award
• CHAPTER VIII Finality and enforcement of arbitral awards
• CHAPTER X Miscellaneous
• CHAPTER XI New York Convention Awards
• CHAPTER XII Geneva Convention Awards
• CHAPTER XIII SUPPLEMENTARY PROVISIONS
• Development of Arbitration Law
• Geneva Convention, 1927
• Geneva Protocol, 1923
• How to Draft an Arbitration Agreement?
• International Conventions on Arbitration
• Model Arbitration Agreement
• National Thermal Power … vs Singer Company And Ors on 7 May, 1992
• Requirements of an Arbitration Agreement
• Schedule 1-Convention on the recognition and enforce
• Schedule 2-Protocol on arbitration clauses
• Schedule 3-Convention of the execution of foreign arbitral awards
• The Applicable Arbitration Law
• The Arbitration Act, 1940
• The Arbitration And Conciliation Act, 1996
• The New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards
• The Types of Arbitrations
• Validity of an Arbitration Agreement