In the past few decades, arbitration has become the mainstay of resolving legal disputes. Avoids the hostility as parties in arbitration encouraged likely to work together rather than escalate. Arbitration is becoming more costly as more experienced lawyers take up the cause, well-known arbitration. Arbitration is confidential in nature; it is not explicit which is provided in the legislation.
Under the article, 217arbitarators may not be contested by the method of appeal. Applicable for both domestic as well as an international award. Arbitration has exclusive jurisdiction over the matter. Litigation is a prima-facie due to the several stages that are involved in a case proceeding. Our Indian justice system is too slow, too complex, and too costly. India has a common law legal system whose infrastructure bears the influence of British colonial rule. We have borrowed the constitution and the world’s largest written constitution. Arbitration a form of alternative dispute, arbitration is legally binding on both sides and enforceable on the side.
A question arises that why arbitration is not working in India?
Non-co-operation of the judiciary is a big reason why we do not have fast arbitration in India. Arbitration is trying to wrap things in a year. Arbitration is gaining importance in India as given overstressed judicial system with the huge pendency of cases. Advocates of arbitration claim that it has benefits over litigation, arbitration can be a shorter process.
Arbitration is used in labor disputes business and consumer disputes, business, and consumer disputes as well as family law matters. In the past few decades, arbitration has become the mainstay of resolving legal disputes. Arbitration minimizes the court intervention. Arbitration in India is regulated by the arbitration and conciliation act 1996.
Arbitration in India is still not a preferred means of dispute. Effective arbitration can make India a sought-after business destination. Arbitration is a vitally important supplement to enhance doing business. Arbitration is only as good as arbitrators; an effective arbitrator process revolves around the chosen arbitrators. Arbitrators should be independent, neutral impartial, it is a quasi-judicial process. A good arbitrator displays good and effective communication skills being a flexible and good listener. Many people think it is something used by a large group. Arbitration is essentially private litigation there are several practical reasons for favoring arbitration over going to court. Arbitration is used to resolve the conflict diplomatically to prevent a more serious conformation. Arbitration assures the best quality of service.
Arbitration in which a dispute is submitted by the agreement of the party. A boon or a bane to the legal system, arbitration is well established and widely used means to end disputes, a form of alternative dispute. Arbitration is a process of the application of judicial methods to the settlement the national as well as international disputes. Under the article, 217arbitarators may not be contested by the method of appeal. Applicable for both domestic as well as an international award. Arbitration has exclusive jurisdiction over the matter. Litigation is prima-facies due to the several stages that are involved in a case proceeding. Arbitration in India has been struggled to fully take off, as opposed to international jurisdiction such as Switzerland Germany USA, etc. judges have a misplaced distrust in the ability of arbitrators and the process of arbitration, resulting in a judicial review at each step of the arbitration process.
The committee in its report suggested that various changes including the creation of an autonomous body for the grading of arbitral institutions and accreditation of immunity etc. However, the most recommended with large-scale ramifications was the proposal to set up the arbitration council of India (ACI). Recently the union cabinet approved the arbitration and conciliation amendment bill 2018 bill which contains the composition and functions of the ACI in partner 1A of the bill with the objectives of promotion of the institutional arbitration of India. There is a various function of ACI section 43(b) of the bill provides for the creation of the ACI, A body corporate, and section 43(D)(2) of the bill state that the ACI should take the several functions like- framing policies governing the grading of the arbitral institutions, recognize private institute providing accreditation of the arbitrators, etc.
A form of alternative dispute resolution ADR is a way to resolve disputes outside the courts after there, a dispute will be decided by one or more person which renders the arbitration award. This award is legally binding on both the side and enforceable in court. The Supreme court passed judgment overruling its previous position, and the government made some changes to the law, bringing on needed-air of freshness in an otherwise state and abused law. There is 25 important judgment on arbitration in 2020, there is 10 landmark judgment on arbitration by the supreme court of India in the year 2019.
Even the sun has a black spot, the coin has its two different sides, roses have thorns in the same way arbitration has some flaws, it has been witnesses that arbitration has a shorter process if the lawyers are not included then it can be less expensive. It’s always a less formal process which speeds up the process faster. Today, arbitration has become a widespread ADR procedure in the whole world, slowly became a high field of competition.
Arbitration is more rational, dispute is submitted in the form of alternative dispute resolution important elements as the applicable law. Arbitration has fewer enforcement options, the main body of law is applicable to arbitration which includes national and international law. It can be voluntary or mandatory, arbitration can come from statute or from the contract which one party imposes it is a proceeding, there are limited rights for review and appeal of arbitration. Arbitrators who determine the outcomes of the dispute are called arbitral tribunals. The overall cost of arbitration is estimated, arbitration was common in the early United States and has notable differences.
International arbitration now becomes the principal method of resolving the dispute, arbitration has now grown from a traditional dispute settlement system worldwide both for domestic and even international dispute, arbitration a legal mechanism which encourages settlement of a dispute between two-party mutually, arbitration has always been trending, present-day arbitration law a formation of promulgations and ordinance passed by the government of India. Arbitration cannot happen without the consent of the parties.
It has been observed on several occasions that arbitration is a contract based agreement arbitration consider cheaper than litigation less time to resolve a dispute more flexibility for parties in an arbitration, arbitration is faster than litigation, and not necessary to hire a lawyer to pursue a claim in arbitration and more flexible in business arbitral proceedings which are generally non-public and can be made confidential. Arbitration is the most formal alternative of litigation a private method.
IS THE VIRUS RESHAPING THE FUTURE OR ARBITRATION?
Throughout the covid 19-pandemic, there are temporary changes for courts and businesses, jurisdiction tackling this pandemic, arbitration is the ability to resolving the dispute efficiently. Arbitration proceedings have not been immune from these effects. The extra-ordinary situation and rapid spread of the virus felt over worldwide impacting. Ability to customize the process efficiently and maintain confidentiality. Related to confidentiality, cybersecurity is very crucial in arbitrary as the credibility and integrity of the dispute. It is difficult to litigate or arbitrate although both are affected by this outbreak.
Author: Suwani Patel