Introduction The colonization of India by Britishers had led to a massive transformation in our administrative, legal and economical systems. During 7th August 1978, as a result of abrogation of the informal dispute resolution system and the implementation of the …
Introduction In the book ‘American Arbitration: Its History, Functions and Achievements’, Frances Kellor, has written that “Of all mankind’s adventures in search of peace and justice, arbitration is amongst the earliest. Long before laws were established, or courts were organized, …
Introduction As the title suggests, this article is written to highlight and document the evolution or the development of Alternative Dispute Resolution (popularly known as ADR) in India over time. While going through this journey, we will find out that …
Introduction Online mediation is a method in which parties can resolve their problems online without meeting each other physically. Meeting between the parties are arranged by way of phone calls, video calls or email or by any other method using …
It is difficult to say the exact origin of arbitration, but the documented that commenced to be used very early, since the slave states. The two divine books Quran (Koran) and the Bible provide references for the resolution of disputes …
MEANING OF INTERNATIONAL COMMERCIAL ARBITRATION International Commercial Arbitration (ICA) is nothing but a mechanism of resolving disputes between the parties of a contract that is created for dealing with people across national boundaries. It is a methodology adopted in order …
Introduction The topic of arbitral awards comes under the Arbitration & Conciliation Act, 1996. An arbitration award is a determination on the merits by an arbitration tribunal in arbitration and is analogous to a judgment in a court of law. …
Recognition and Enforcement of Arbitral Awards It is important to recognise the budding importance of international arbitration as a means of settlement of international commercial disputes i.e. the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This seeks …
Section 7 in THE ARBITRATION AND CONCILIATION ACT, 1996 defines arbitration agreement. Arbitration agreement. — (1) In this Part, “arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which …
Arbitral Proceeding: An arbitral proceeding is a proceeding in which a dispute is resolved by an impartial arbitrator, whose decision is final and binding on both the parties to the dispute. Key Elements: 1. It is a form of ADR …