cost-effective

September 27, 2020
By BIMACC
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A-Z of ADR: Decision Making in ADR

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 […]

September 26, 2020
By BIMACC
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A-Z of ADR: Enforcement

Securing an arbitration award is one thing and actually getting it enforced is another thing. Enforcing an award is especially complicated when the opposite party hasn’t even taken part in the arbitral proceedings. The procedure of enforcing an award is governed by the Arbitration and Conciliation Act, 1996 as well as the Civil Procedure Code, 1908. For India-seated awards (awards governed by Indian Law), i.e. “domestic awards”, Part I of the Act will be applicable. For awards governed by foreign law, i.e. “foreign awards”, Part II of the Act will be applicable. To ensure that your award is successfully enforced, you should make sure […]

September 25, 2020
By BIMACC
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A-Z of ADR: Flexibility

The modern process of dispute resolution, Alternative Dispute Resolution (ADR) tries to move beyond the standard model of civil court adjudication. ADR is essentially a method which is used to resolve the disputes without litigation, outside the courtroom. ADR involves procedures like Arbitration, Conciliation, Mediation, etc. The parties which resolve the dispute through ADR are more satisfied with the outcome, mainly due to their direct participation to determine the various terms of the settlement. The major advantages of ADR are that it is cost […]