The Indian Arbitration and Conciliation Act, 1996 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 The Arbitration and Conciliation Act, 1996 has repealed the Arbitration Act, 1940 and also the Acts of 1937 and 1961.
The person appointed for the process of arbitration is called arbitrator. Appointment of Arbitrator is done under provision of section 11 of Arbitration and Conciliation act 1996. While, the person appointed for the process of Conciliation is called conciliator. Appointment of conciliator is done under the provisions of section 64 of Arbitration and Conciliation act 1996.
Both arbitrator and conciliator are guided by the principle of objectivity, fairness, and justice. They conduct the proceedings in such a manner which are considered fair and appropriate. They help to settle the dispute between the parties.
ADR provides a viable option for those who prefer to stay out of court and has many potential advantages for most litigants, including:
- Reduced cost
- Efficient resolution
- Less emotional stress
- Flexibility with rules and procedures
- Control over the results
Our firm provides various services under the law of arbitrations as follows:
- Application before the High Court for appointment of arbitrator;
- Petition before the court seeking Interim relief before or at the stage of arbitration proceedings;
- Petition under section 34 of Arbitration Act, 1999 seeking set aside of the award;
- Execution petition seeking realisation of the arbitration award before civil court.
- Appear before arbitrators across the country;
- Arbitration in Commercial disputes
- Domestic and International Arbitration
- Enforcement of Awards in India and outside India
Pre-Litigation Mediation
Litigation is a suit which is still pending in the court process. Whereas, Pre-Litigation takes place before the court process begins. It is voluntarily taken up by both the parties. It is a prior attempt to resolve the dispute before the case goes through the court process. It follows an assisted negotiation process.
Pre-Litigation mediation saves time and money of the parties as well as it is a speedy process; and they also get to know about the temperament, deeds and demands of each of the parties. The procedure takes place with the help of a mediator, he promotes communication but the procedure holds great confidentiality in its own. The mediator works with both the parties along with their counsels for dispute resolution and does not impose the decision upon the parties.
All types of cases can go through the beneficial means of Pre-Litigation Mediation like matrimonial disputes, business disputes, insurance disputes, civil disputes etc.
Any dispute settlement made in Pre-Litigation Mediation is written, signed by both the parties and filled in the court in the form of a proper settlement agreement and such agreement is binding upon both the parties.
