The development of arbitration law in India

  Arbitration is a process by which parties to a dispute agree to have their dispute resolved by an impartial third party, called an arbitrator. Arbitration is a voluntary process, and the parties can agree on the rules that will govern the arbitration. Arbitration is often used to resolve commercial disputes, but it can also […]

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May 16, 2023

The Importance of Arbitration Clauses

Arbitration is a form of alternative dispute resolution that involves the use of a neutral third-party to resolve disputes between two or more parties. The parties agree to submit their dispute to an arbitrator or a panel of arbitrators, who then make a binding decision. Arbitration clauses are common in contracts and are important because […]

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May 11, 2023

Where Has International Commercial Arbitration Come From?

By Hefin Rees If we are to understand fully the present role of international commercial arbitration, and what shape it is likely to take in the future, it is important to look at past developments that are the basis for our current system of arbitration. In short, to understand the future you need to understand […]

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April 9, 2021

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Supreme Court of India puts an end to one party appointed sole Arbitrator system.

Without having system to ensure impartiality and independence of Arbitrators, arbitration cannot gain confidence in the minds of the parties to the dispute. It is not sufficient that many arbitrators by nature are independent and impartial. To gain the confidence of a common man, the arbitration system provided in the Procedural law of a country […]

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February 21, 2021

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What is Arbitration ? Mediation ?

Arbitration and mediation are two types of Alternative Dispute Resolution (ADR), which is a another way to resolve conflicts outside of traditional lawsuits and courtrooms. Sometimes attorneys are involved and sometimes not. ADR may be used in: Divorce or child custody/visitation disputes; Personal injury or accident cases; Consumer complaints (such as car sales); Business and […]

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February 21, 2021

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UNCITRAL ARBITRATION RULES, 2010: Enforcing Effective Arbitration Mechanism

India needs to amend the Arbitration and Conciliation Act, 1996 to incorporate the UNCITRAL Arbitration Rules 2010 which will positively contribute to the efficient conduct of Arbitration. The new rules aims at expediting the arbitral award by giving more discretion to the tribunal and making it mandatory that the proceedings are conducted efficiently, fairly and […]

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February 13, 2021

Should I Arbitrate ?

The operative question about arbitration is normally whether to include an arbitration provision in your business contracts or to sign a contract that includes arbitration. Whether you should arbitrate your company dispute depends on a variety of factors including the contract, the cost, and the purpose for which you desire to use arbitration. These are […]

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February 13, 2021