Impartiality – Bimacc

A-Z of ADR: Harmonisation of the Judicial Process and ADR

Mechanisms of Alternative Dispute Resolution have gained a lot of importance recently. The advantages of ADR are numerous. One of the most significant advantages of ADR is that it allows the parties to reach a settlement that meets both their interests.

This article explores the incorporation of the ADR mechanism in the working of the judiciary. It analyses Section 89 of the Civil Procedure Code. It then takes a look at how ADR has been incorporated into various other legislations. Finally, the article explores […]

September 22, 2020
By BIMACC
Comments 0

A-Z of ADR: Independence and Impartiality of Arbitrators

Party autonomy in choosing the procedure for dispute resolution is one of the foundational pillars of Alternate Dispute Resolution (ADR). This autonomy includes the power to appoint the arbitrators who will help both the parties resolve their disputes. While any number of arbitrators can be appointed, parties generally agree to appoint one or three arbitrators (the number of arbitrators should be an odd number, to ensure that there is no tie in the final award). Since the entire weight of a proceeding is on the person/persons who are acting in the role of a judge, it is said that an arbitration is only as good as the arbitrators. The choice of composition of the arbitral tribunal is vital and is […]