The inclusion of Alternative Dispute Resolution (ADR) clauses in most agreements in a globalised market is hardly discordant due to the increasing popularity of such mechanisms. However, most arbitration disputes deal with contentions involving such clauses and this is the reason that the phraseology, purpose and position of these clauses are of […]
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The procedure for enforcement and execution of Arbitral awards in India is primarily governed by the Arbitration & Conciliation Act, 1996. Unless the award is challenged and/or set aside by the court, it will assume a binding character. Any domestic award may be challenged only within three months of the receipt of the award under Section 34 of the Arbitration & Conciliation Act, 1996. After the expiry of three months, if a court finds the award to be enforceable, at the stage of execution, there can be no further challenge as to the validity of the […]
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Conciliation refers to the process of dispute resolution in which two or more parties try to reach an amicable settlement with the help of the third party. In this process, the conciliator, the third party has an active role to find the solution as he can propose a solution to end the conflict, but it must be kept in mind that conciliation is inherently a non-binding procedure. In contrast, judges and arbitrators decide cases in the form of a judgement or award which is binding on the parties. In India, Conciliation is governed by […]
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All ADR processes are geared towards the goal of dispute resolution, conflict management, and amicable settlement. Decision-making plays an important role in the achievement of these goals, and ADR mechanisms vary greatly in their placement and formality of decision-making power. Differences can most prominently be observed along lines of party involvement and autonomy. Arbitration is more of an adversarial and adjudicatory process than both conciliation and mediation. Further, statutory grounding and the availability of […]
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When dispute resolution professionals are appointed, they are expected to resolve the dispute neutrally and impartially, conforming to all the procedures irrespective of the dispute resolution mechanism. The involvement of the dispute resolution professional may vary heavily in different dispute resolution mechanisms. An arbitrator is […]
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