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Approaches to Dispute
Resolution
Remember, resolution of
disputes through Courts is
not only expensive but time
consuming also. In fact, in a
large number of cases,
parties ultimately agree to
make a compromise.
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2.
Reactive Approach
As per Section 8,
notwithstanding that an
application has been
made to a judicial
authority, and that the
issue is pending before it,
arbitration may be
commenced or continued
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Number of Arbitrators:
Parties are free to determine
However, the number should not
be an even number.
Where the parties do not fix any
number, reference shall be to a sole
Arbitrator
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Appointment of Arbitrators
A person of any nationality may be an
arbitrator, unless otherwise agreed by
the parties.
In arbitration with three arbitrators,
each party shall appoint one arbitrator,
and the two appointed arbitrators, shall
appoint the third arbitrator who shall act
as the presiding arbitrator. Contd
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In case of an international
commercial arbitration, the Chief
Justice of India or the person or
institution designated by him may
appoint an arbitrator of a
nationality other than the
nationalities of the parties where
the parties belong to different
nationalities
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International Commercial
Arbitration
In case of international commercial
arbitration, Arbitration may take place
in a country other than the countries
of the contracting parties.
To be executed by the authorities of
that Country as per its laws
In India, institutional Arbitration is
conducted by Indian Council of
Arbitrators, FICCI, ASSOCHAM, etc
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International Commercial
Arbitration..Contd
New York and Geneva
Conventions to which India was a
party were adopted by UN
Commission on International
Trade Law, 1985 and the same
has been codified in Arbitration
and Conciliation Act, 1996.
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Place of Arbitration
Language of the
Proceedings
Parties free to decide
If Parties Fail- To be
determined by the Arbitral
Tribunal
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Appointment of an Expert by
Arbitral Tribunal
Unless otherwise agreed by the
parties, the arbitral tribunal may
Appoint one or more expert to report to it on
specific issues to be determined by the
arbitral tribunal, and
Require a party to give the Expert any
relevant information,
Ask the Expert to be present during oral
hearings to clarify matters.
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Settlement
With the agreement of the parties,
The Tribunal may use conciliation or
Mediation or other procedures to
encourage settlement.
In case, parties arrive at a
settlement, the Tribunal will
terminate the proceedings.
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Additional AwardContd..
If considered justified, the Arbitral
Tribunal will make the additional
award within a period of 60 days.
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Mediation
Mediation is negotiation carried out
with the assistance of a third party.
The mediator, in contrast to the
arbitrator or judge, has no power to
impose an outcome on disputing
parties.
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