Unlike a court proceeding, the arbitration process is very flexible. As a result, the process will depend largely on what the parties and the arbitrators agree, taking into account what makes sense for the particular dispute. In broad terms, arbitration will consist of the following steps:
the party that wants to start the arbitration will make a written request for arbitration, setting out the details of their claim. This party is called the claimant because they are making a claim against the other party. The other party is called the respondent because they are responding to the claim and will usually provide a written response setting out their own position;
arbitrators are appointed to decide the dispute;
the parties are given an opportunity to argue their positions and provide evidence in support. Usually, this is done by the parties legal representatives, who may be internal representatives or external legal advisors. Legal representatives present their arguments through submissions, which can be written or oral (or both). When submissions are made orally, this is called a hearing, and is usually done in person, although it can also be by telephone or by videoconference;
having heard the parties arguments, the arbitrator(s) will decide the dispute, and make an award.
Under Indian law, the types of disputes that cannot be resolved by arbitration include:
Labor and industrial disputes.
Tenancy and eviction matters governed by rent control statutes
Benefits of ODR
ODR aligns with the current socio-economic setting.It has a global precedent of being extremely successful, and above all, has principles of natural justice in its essence.The foundational pillars of any successful ODR regime are trust, convenience and expertise.India now has a long legacy of citizens trusting technology, whether in e-payments or in education and healthcare.To augment dispute resolution mechanisms, Lok Adalats and Gram Nyalayas have been created as alternative options for affordable justice.ODR has significantly large-scale potential for innovation.
Techniques of Online Dispute Resolution
ODR is recommended in the following cases
When goal is resolving a straight forward dispute in a cost effective manner
Disputes can be easily documented
Parties have geographical limitations
Time is of the essence
No existing relationship
Create an account. You can create a free, secure account from any online device to get started. You will need to provide email addresses for both parties and enter the details of your case. If you do not know the email address of the party, go to Small Claims Resources.
Invite the other party to negotiate.
Negotiate online. If the other party accepts the invitation and creates an account, you can use your account to send messages and upload evidence.
Ask for an ODR Facilitator. You can ask for a neutral ODR Facilitator (limited number available) to help you reach an agreement. The facilitator guides the discussion and can help both parties clearly describe the issues, explore options, and reach a solution that both parties are willing to accept.
E-file your form. Once the parties reach an agreement, you can prepare your legal settlement or dismissal form to be e-filed with the court. A court rule requires that the settlement form be printed and signed by both parties before you submit your e-filing. You must submit your e-filing at least
10 days before your hearing to have time to e-file. If your e-filing is not accepted before your hearing, you must attend your hearing. Bring your settlement or dismissal form and your evidence with you.
Virtual Magistrate and Dispute Resolution
Virtualmagistrate.org is an ODR service provider for the dispute that arises from online activity.
Party files its complaint with Virtualmagistrate.org
Virtualmagistrate.org contacts the other parties
Other party agrees to online arbitration
The party answers to the complaint electronically
Virtualmagistrate.org assigns an arbitrator
Arbitrator contacts both parties online requesting more information
Resolution of the dispute within 72 hrs of filing
The smart settle process goes through six phases-
Step 1: Log in to the GST portal.
Digital literacy - ODR requires a basic level of digital literacy as a prerequisite. In India, digital literacy often varies across age, ethnicity and geography. This digital divide needs to be addressed to ensure that ODR is adopted by society at large and not remain limited to urban areas
Digital infrastructure - A broad base adoption of ODR will require essential technology infrastructure across the country
Lack of trust in ODR services - A lot of people in the country do not trust the emerging technology which is a major challenge for the people of India
Privacy and confidentiality concerns- Greater integration of technology and reduced face to face interactions create new challenges for privacy and confidentiality, especially in dispute resolution
Cumbersome and often expensive - While arbitration was intended as an alternative to going to court for certain kinds of disputes, that mechanism itself has become cumbersome and often expensive.
Lack of enough arbitrators - Lack of enough arbitrators and building trust among consumers.
Requirement of consent of both parties
Legal recognition to ODR Clause- B2B Contracts- EU View
Maintaining standards and quality
Accountability and impartiality of neutrals and arbitrators
Confidentiality of information gathered during the arbitration process
Lack of homogeneous cyber laws-core principles same- UNCITRAL Model law of e-commerce
Will national courts recognize awards rendered online
For the purpose of statutes and treaties such as the New York convention where an online arbitration takes place and where will the award have been made
How does one ensure the authenticity and integrety of the documents, electronically
For the purpose of statutes and treaties such as the New York convention where an online arbitration takes place and where will the award have been made
Lack of personal interaction may reduce chances of settlement
Differences in language and culture
Need for an analogous ODR law
There needs to be a fundamental change in the mindset to separate the idea of justice from the place called, court.
Multi-stakeholder exercises need to be undertaken to help achieve this in a sustainable, efficient and collaborative manner for the transformation of justice delivery across various facets.
The future will be a hybrid model that combines the best of the real and the virtual world. People need to re-imagine the whole process of justice delivery to work in the hybrid system.
Private ODR and ADR providers need to be added in the system to ensure that online resolution can reach different industries, locations and parts of the country and also support the public institutions.
Making ODR or ADR voluntary will defeat the purpose so it should be made mandatory (for specified categories) and it should cover about three sessions so that parties don’t feel that it’s a mere formality.
More recognition should be given to the online redressal processes so that its idea reaches people and they can use these online processes.
In European Union, the e-commerce Directive, provides in article 17 that in case if an e- dispute , the member states are required to ensure that the parties are not hindered from using the ADR Process for dispute resolution 'including appropriate electronic means. Some harmonization is in place - UNCITRAL Model law of e-commerce and e-signatures
Use of encryption and other security tools- The ellectronic court houses uses multiple security layers including sophisticated server, complex password and software which backs up complete data of its servers and stores information submitted by the parties in a protected environment. Such technical infrastructure is required to alleviate any concerns- a breach of privacy, confidentiality in the ODR process.
Many para legal rights such as money back guarantee and buyer protection clauses and authentication seals are becoming popular on most e-commerce websites to generate trust.
ODR reduces acrimony- If personal interactions are not there there will be no disadvantage
Differences in language and culture can be overcomed by the use of translators.
According to the Indian Contract act 1872, a contract can be discharged or terminated by the parties involved by giving lawful reasons like frustration, recession, ending the contract by giving prior notice, or on completion. Such termination may take place by the mutual consent of the parties or law.
Sometimes after the contract has been made by both the parties, something occurs beyond the control of the parties and that makes the performance of the contract either impossible or considerably different from what parties agree upon. This is known as discharge of contract by frustration.
After the construct has been made by the parties, they may agree to discharge the contract or change their contractual obligation by negotiating another agreement. The parties can discharge their original contract in following ways:
If a contract is to be issued by operation of law, it means a change in daily activities leads to the breach of contract. It is majorly observed in corporations. We have three different reasons to discharge the contract by the operation of law.
They are by alteration of a written document which fails to perform the obligations in the specific time, by merging the company happens when a big company equals or take over the existing company and due to insolvency means the lack of financial Capital leads to the bankruptcy which results in a discharge of a contract.
When the discharge of a contract occurs due to an actual breach, it has two subsidiary cases, namely breach by condition, breach by warranty. Then one of the parties is in injured condition; he fails to follow the contractual obligations, then it is referred to as a breach of contract by the condition.
Compared to the bridge by condition, breach by warranty is a minor thing used to terminate the contract in terms of non-material things and their damages if anyone fails to continue the contract perfectly.
In arbitration, a neutral third party serves as a judge who is responsible for resolving the dispute.The arbitrator listens as each side argues its case and presents relevant evidence, then renders a binding decision.The disputants can negotiate virtually any aspect of the arbitration process, including whether lawyers will be present at the time and which standards of evidence will be used.Arbitrators hand down decisions that are usually confidential and that cannot be appealed.Like mediation, arbitration tends to be much less expensive than litigation.
Alternative Dispute Resolution which is also referred to as appropriate or amicable dispute resolution is another way of resolving disputes between parties without taking them to the courts. While courts decide the outcome in a case, ADR resolves the dispute effectively, efficiently, and amicably. Arbitration is one of the prominent forms of ADR.It is commonly used in disputes that are commercial in nature. Parties who have inserted an arbitration clause in the contract can refer the dispute to arbitration. A significant difference of arbitration as compared to mediation is that one of the parties cannot withdraw from arbitration one-sidedly. The parties can select the venue, the language in which the proceedings take place as well as the applicable law so as to make certain that no party gets an undue advantage.
The order of proceeding is determined by the arbitrator. Usually the party with the burden of proof will proceed first to call witnesses and give closing argument. In discipline and discharge cases, the employer will proceed first and present the reasons to justify the discipline.
Arbitration typically provides a speedier resolution than proceeding in court. The limited right to appeal arbitration awards typically eliminates an appeal process that can delay finality of the adjudication.
Sometime after arbitration, the arbitrator will decide who won. This decision must be in writing. The decision is final and binding so the parties are expected to obey the arbitrator's decision. If they don't, they can be sued.
If the case proceeds to an in-person hearing, the arbitrator may allow the parties to present witnesses. If the parties will have witnesses, they will need to exchange a list of the witnesses who will appear prior to the hearing.
If the party that lost the arbitration either chooses to accept the award or is also unsuccessful in the challenge, the award will need to be enforced. In many cases, the parties that agreed to arbitration will just follow the award and pay the money that was required.
There are also some disadvantages of arbitration to consider: No Appeals: The arbitration decision is final. There is no formal appeals process available. Even if one party feels that the outcome was unfair, unjust, or biased, they cannot appeal it.
No, you do not technically need a lawyer for arbitration. It is, however, advisable to take legal advice as, depending on the complexity of the case, you might not be aware of all the issues at play. Resolving disputes can be quite adversarial in nature, and the outcome of arbitration is binding.
The proper method for seeking to enforce an arbitration award under the Federal Act is to file a motion for confirmation in the appropriate court.That court must grant the motion and enter judgment on the confirmation order unless the opposing party files a timely motion to vacate, modify, or correct the award.
The main difference between arbitration and litigation law is that court is involved in the case of litigation, as it is a lawsuit, whereas, in arbitration, a settlement between the parties is done outside of court.Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
Arbitrators respect the important role of judges in our legal system and most arbitrators do not consider themselves to be private judges. Rather than working for the government, arbitrators work to serve the parties by providing specialized, business practical legal expertise and private decision-making.
An objection based on relevance may be stated simply as “that matter is not before the Arbitrator today.” Stating objections in such terms may also help you when you know that what is being said is objectionable, but you cannot recall the legal prohibition or specific rule that is applicable.
The arbitrator may receive any oral or documentary evidence, except that irrelevant, immaterial, unduly repetitious, or privileged evidence may be excluded by the arbitrator. The arbitrator shall interpret and apply relevant statutory and regulatory requirements, legal precedents, and policy directives.
Under Section 31, unless otherwise agreed by the parties, the cost of an Arbitrator shall be fixed by the Arbitral Tribunal.
Arbitration is generally considered a more efficient process than litigation because it is quicker, less expensive, and provides greater flexibility of process and procedure. The parties often select the arbitrator and exercise control over certain aspects of the arbitration procedure.
If your contract contains an arbitration clause, it might be compulsory to resolve your dispute through arbitration rather than going to court. If the clause makes arbitration compulsory and you attempt to take the case to court, the other party can apply to the court to have the proceedings stayed.
Arbitration can be voluntary or mandatory. Voluntary arbitration is preferred as it preserves your legal rights. Mandatory arbitration, on the other hand, compels you to first submit to the arbitration process as a condition of buying or using a product or service before you take your case to court.
While arbitrators will typically permit a short (e.g., 10-15 minutes), direct examination of a witness who is called for cross, the main focus of hearings in international arbitration is on cross- and redirect examination.
Generally speaking arbitration decisions are for the most part private and confidential and they are published only if the parties and the arbitrator agree on making the decision available. There are a variety of commercially available services which publish those decisions.
In other situations—particularly those with higher stakes or more complex disagreements—arbitration is preferred over mediation. Arbitration is a more formal dispute resolution process than mediation. Therefore, this practice is used when a legal matter has escalated to a more serious issue.
Arbitrator listens to facts and evidence and renders an award. Mediator helps the parties define and understand the issues and each side's interests. Parties present case, testify under oath.
More specifically, the difference between an arbiter and an arbitrator is subtle– An arbiter can determine the outcome for any type or kind of dispute, while arbitrators can only decide disputes arising in the arbitration format, which has its own specific rules and procedures.
Yes, you can. In fact, mediation would become more successful and credible when the parties’ advocates or advisers are knowledgeable and skilled in the mediation process. Trained mediation advocates can bring value addition to the process and outcome. In fact, the changing role of a lawyer as a dispute resolution specialist, bringing in specialist representation in mediation has raised the standard, credibility and acceptance of mediation world over.
Mediation is said to be as good as the Mediator! IIAM Mediators are certified under IIAM Mediator Accreditation System (MAS) and through the Qualifying Assessment Programs (QAP) of APCAM norms. They are bound by the Code of Conduct and Ethical Standards prescribed by APCAM. IIAM was the first institution in India approved by the IMI to certify mediators at global standards. Since IIAM commenced APCAM Certification, QAP for IMI certification was discontinued. The Mediator training program of IIAM follows one of the best curriculums available globally, certified by APCAM and equips a person to become an efficient professional mediator.
Trust underpins the mediation process. If the parties do not trust a mediator’s integrity in terms of competence diligence, neutrality, independence, impartiality, fairness and the ability to respect confidences, mediation is unlikely to succeed. The IIAM Mediators’ Code of Professional Conduct provides users of mediation services with a concise statement of the ethical standards they can expect from Mediators who choose to adopt its terms and sets standards that they can be expected to meet. Users who believe the standards established in this Code have not been met may prefer a complaint to IIAM on the Mediators’ conduct Assessment or can request for a change of mediator. The Rules have been made as per the guidelines of APCAM. Details can be seen in the IIAM Mediation Rules.
No, the mediator cannot be cited as a witness in any other proceedings. The Arbitration and Conciliation Act, specifically debars such actions. Section 80 – Role of conciliator in other proceedings. Unless otherwise agreed by the parties:
Mediation is a voluntary and non-binding process and the parties are free not to attend or leave the process at any stage, if that party is not happy with the process or outcome. But as per our experience, every invitation to attend a mediation process is normally accepted by the other party.
But even of the other party does not turn up, it is an advantage to initiate mediation first, as after the completion of mediation and on receipt of the Mediator’s Completion Report, IIAM will prepare the Mediation Status Report or Non-starter Certificate and this is given to the Parties. This is given even if the dispute is not resolved or the mediation could not be held due to the absence of the opposite Party. This is a valuable document when the initiating party approaches the court.
While registering a dispute for mediation, the Initiating Party at the time of filing of Request has to pay the registration fee as per the relevant fee schedule, which is non-refundable. Once the mediator is appointed, the initiating party has to make a deposit for 2 sessions of mediator fee and administrative fee, as per the relevant fee schedule. If the other side refuses mediation prior to the first sitting date, the entire fee will be refunded. If the mediation is abandoned due the absence of the opposite party on the first date or due to non-agreement in the first session itself, the balance amount will be refunded to the initiating party.
You can initiate mediation through a Centre near you or online by using the “Peacegate” Application, the digital platform of IIAM, which can be downloaded from www.peacegate. in. Through the App you can not only initiate mediation, but also search for the nearby mediation centres and also search for mediators or mediation advisers/ consultants.
Deal-mediation, which is also known as Transactional-mediation or Assisted deal-making, is a process, whereby parties attempt to make or conclude deals with the assistance of a mediator, who is trained in effective negotiation. Unlike a regular negotiation where parties would have inhibitions to reveal many confidential information, in deal-mediation, the parties can comfortably discuss with the mediator, as the mediator is bound by confidentiality and can help the parties to navigate discussions in a better manner to conclude the best business deals.
Project-Mediation is a method of Dispute Management, by which the parties to a contract can appoint a Project Mediator and an exclusive hotline hub is created in the Peacegate App, whereby the parties can get the service of a mediator throughout the period of the contract, whenever the parties' own discussions cannot resolve a particular dispute or difference or when the parties need to find a different perspective to an issue requiring a joint solution. This will afford the opportunity to work together, in a more collaborative and mutually beneficial environment and oversee that the contract proceeds smoothly. When the parties invoke Project Mediation under the IIAM Rules, it is agreed by the parties that they shall not disrupt the services or contractual obligations under the contract and shall continue with the terms of the contract.
IIAM Community Mediation Service with the motto; “Resolving conflicts; promoting harmony” is intended to contribute to the happiness and harmony of the community. The mission is to bring justice to the doorsteps of the people. People would get a platform near home to settle their cases without the trappings of a court. In Community mediation, mediation is provided by trained community mediators who represent the community. Community mediation mechanisms are viewed as an opportunity for citizens to participate in the prevention and early intervention of conflicts as an alternative to institutional mechanisms.
IIAM Community Mediation Service is provided through People’s Mediation Centres, which is a concept of people’s movement. The mediation done in PMC’s is governed by the IIAM Mediation Rules and the fee schedule is as per the IIAM CMS Fee Schedule.
The “Pledge to Mediate” is a simple commitment; whereby you would consider mediation as the first option should a dispute arise in your life, recognizing that resolving disputes amicably and voluntarily is an expression of civil maturity. It helps a positive social transition by making the society just, equal and fair. We need to understand that if we can create disputes, we can also resolve them! We invite you to be part of the revolution, because we want to do this together and make this world a better and more honest place. The joy of creating strong families and healthy communities can come from joining hearts, souls and hands. Take the Pledge and join the exclusive community.
Recognizing that the empowerment to resolve disputes amicably and voluntarily is an expression of civil maturity, the India International ADR Association (IIADRA) in association with IIAM has formulated “Pledge to Mediate” among companies and organizations as part of promoting best governance and speedy justice. By signing the Pledge, which is cost-free and not legally binding, the signatory makes a public, policy statement indicating its commitment to the promotion of amicable settlement of disputes. This portrays a signal to potential business partners and customers that the signatory is a mature business entity which do not drag them to unnecessary litigation and resolve disputes amicably and care for strengthened relationships and continued business opportunities.
PEACEGATE is a first of its kind App launched by IIAM. It is a tool meant to give empowerment, self-sufficiency and independence in the way you handle disputes. It is a single point platform where you can negotiate or mediate a dispute. You can also sign the Pledge to Mediate, open Time Bank Account, specify the type of services you can offer, request services that you need, manage the Time account, redeem your time etc. Peacegate App will also guide the mediators to conduct mediation as per the approved process and helps the mediator to issue reports and certificates.
The Peacegate Time Banking is a reciprocity-based service system in which hours are credited in the Time Account of the holder. Once you sign the Pledge to Mediate, you can open your Time Bank Account and mention the services you would like to offer under this concept. For eg., if you are a Teacher, Musician, Yoga Instructor, Health professional, or Mediator or for that matter any person, you can offer your services free and the time that you spend for giving those services will be credited in your Time Account. This will carry interest too @12% per annum. Anytime you can redeem your time credit for availing any of these services in return free – for you, your friends, relatives or others for whom you would like to get such service. And the services will be kept on adding! And in case you don’t redeem your points. You can transfer your Peacegate Time Bank Account to your nominee. It is much more worth than the money that you transfer to your children. You have honourably earned this by the services that you have offered! Peacegate will keep track of the time credits and debits using its Time Bank software.
The training programs at IIAM offer the opportunity to learn what is necessary to become an effective negotiator, a skilful mediator, a talented mediation adviser/advocate, an efficient arbitrator or an effective arbitration lawyer. To cater the requirements of various segments of people, IIAM conducts various training programs, to suite their convenience and need.
Professional Mediator Training Program is a 50 hours, 6-days program, which helps you to become a professional mediator. Certificate in Mediation Advocacy is a 3-days program which makes you a skilled mediation advocate. Professional Certificate in Commercial Arbitration is a 3-days program which provides a solid foundation to represent in Commercial Arbitration as an Arbitrator or Arbitration Lawyer. Certificate in Business Negotiation is a 3-Days program which provides a thorough understanding of negotiation process and power.
The training programs provide participants with the opportunity to practice this structured dispute resolution process through a series of interactive presentations, role play simulations, real life case studies and discussion groups.IIAM also provide Distance-Ed programs, which offer the facility to study ADR in a flexible way and fit it around your lifestyle. You can enroll at any time of year and you study entirely at your own pace, submitting your assignments when you are ready.
No. IIAM does not offer any course as such, the training programs on arbitration, mediation and negotiation imparted by IIAM is meant for giving hands-on training and experience to make you a competitive ADR professional.IIAM conducts its mediation and arbitration training programs, which are certified by APCAM and enable the participants to get certified under APCAM Accreditation norms, entitling them to be enlisted in all the APCAM centres available in more than 10 countries across the Asia Pacific region.We have had an amazing experience since we began our various training programs on ADR. Being one of the pioneer institutions in India training professionals on mediation, arbitration and negotiation, we have received loads of testimonials, feedback and suggestions.
Online Dispute Resolution is a voluntary confidential process through which people with a dispute communicate online to resolve a conflict. They may request a trained, impartial third person called a neutral ODR Facilitator. The facilitator can help the parties to define issues, explore options, and reach a solution that both parties are willing to accept.
With ODR, individuals have the power to develop solutions that meet the expectations and needs of both parties.
Yes. When each party creates an account, they agree that all communication through the site is confidential. Also, communication during dispute resolution such as ODR is protected as confidential by the law.
The neutral ODR Facilitator is a highly skilled person who assists both disputing parties to resolve their differences. The facilitator will consider both sides of the story and ask questions about what happened in order to get the facts. The facilitator’s goal is to help all parties with finding a solution to their problem. Neutral ODR Facilitators do not take sides and will not give legal advice. The facilitator does not make decisions for the disputing parties. The facilitator may offer suggestions, options, choices and alternatives but facilitator may offer suggestions, options, choices and alternatives but will not give his or her personal opinions. The facilitator acts as a catalyst, enabling agreement between the parties and assisting in developing a mutually acceptable written agreement specifically outlining the terms of the resolution. Because all decisions are made by the participants, the parties retain ultimate control of the outcome.
ODR Facilitators are available Monday-Friday, 8:00am- 5:00pm. However, you can use your case negotiation page to communicate with your ODR Facilitator at any time.
ODR is a type of alternative dispute resolution. Alternative dispute resolution is uniquely designed to handle most civil disputes. It recognizes people as individuals and that every dispute brings unique characteristics and concerns. The flexibility of the process allows both parties to explore all of the issues, including underlying sources of conflict, complex issues, or issues where there is a high level of emotion attached. Alternative dispute resolution allows parties to consider a wider range of possible outcomes than is often available through other legal processes. Any solution is possible with alternative dispute resolution. Performance under alternative dispute resolution agreements is generally high because no agreement is written unless the parties agree that the solutions are viable for everyone.
The parties agree when they create an account that all communication through the site is confidential. Only the parties may participate.
Yes. When you upload evidence to this site it is only for communication with the other party. There is no way to submit your evidence to the court through this site. You must bring your evidence with you to the hearing
If the other party doesn’t pay you, you can file the Declaration of Default (L-1152) to enter a judgment so that you can collect. You can type into the form and print it or print it and fill it out by hand. Be sure to sign and date the form. To file it, you can mail it to the court (if you have time) or bring it to the court. If you mail it, include the original plus two copies and a self-addressed and stamped envelope for the clerk to mail you back your filed copy.
No. UNCITRAL's mandate does not extend to participation in either public or private disputes. Consequently, UNCITRAL does not offer legal advice in specific disputes, and, in particular, does not nominate arbitrators, administer arbitrations, certify arbitral authorities, or recommend any legal practitioner for legal assistance.
A reference in a dispute settlement clause to the UNCITRAL Arbitration Rules or (in a frequent, but inaccurate formulation) to "UNCITRAL arbitration" or any other provision to the same effect means that the parties agree that an existing or a future dispute should be settled in arbitral proceedings conducted in accordance with the UNCITRAL Arbitration Rules.
Although UNCITRAL and its Secretariat have prepared legislative and contractual provisions and rules relating to international commercial arbitration and conciliation, it is not within UNCITRAL's mandate, as set out by the General Assembly, to become involved in individual cases. UNCITRAL and its Secretariat do not act as an arbitral tribunal, administer arbitration proceedings, or otherwise perform any function related to individual arbitration proceedings, or any other system of public or private dispute settlement.
Although UNCITRAL prepared the UNCITRAL Arbitration Rules as well as other texts on the subject of arbitration, it is beyond its mandate, and is indeed inappropriate for UNCITRAL, the Secretariat, or individual legal officers to offer advice regarding the interpretation of provisions of UNCITRAL texts or to otherwise offer legal advice. In particular, UNCITRAL does not administer arbitration or conciliation proceedings, nor does it provide services to public entities or private parties in connection with dispute settlement proceedings. Furthermore, UNCITRAL does not keep any list of potential arbitrators or conciliators, nor act as appointing authority under the UNCITRAL arbitration and conciliation rules.
Parties to a contract may agree to use the UNCITRAL Arbitration Rules to guide the resolution of disputes arising between them.Nothing in the Rules limits their use to nationals of States which are Member States of the Commission.
No. Neither UNCITRAL nor its Secretariat can assist individuals or entities in the interpretation of provisions of national law, nor can it provide legal advice to individuals or entities in connection with particular cases or disputes.c
The UNCITRAL Model Law provides a pattern that law-makers in national governments can adopt as part of their domestic legislation on arbitration. The UNCITRAL Arbitration Rules, on the other hand, are selected by parties either as part of their contract or after a dispute arises; to govern the conduct of arbitration intended to resolve a dispute or disputes between themselves. Put simply, the Model Law is directed at States, while the Arbitration Rules are directed at potential (or actual) parties to a dispute.
If the parties have agreed that if there is any dispute the same shall be resolved by arbitration, kindly check the contract for an arbitration clause therein. If there is no such clause you may have to initiate legal action in court at appropriate jurisdiction. You may still request the opponent to enter into a separate arbitration agreement.
An arbitration agreement shall exist totally independently of the contract. Any modification, extension or rescission of the contract, or invalidity or unenforceability of the contract shall not result in the invalidity of the arbitration agreement. - The consideration of whether the arbitration agreement is valid will be conducted by the arbitral tribunal and the competent court.
If the court proceedings are commenced, the court will refuse to accept jurisdiction, unless the arbitration agreement is determined by the court as invalid or incapable of being performed.
Tribunal is another way of referring to the arbitrator (or arbitrators) appointed to decide a dispute. Where three or more arbitrators are appointed, the arbitrator in charge of the panel of arbitrators, and often the day-to-day running of the arbitration, is called the chair or presiding arbitrator.
Generally, it is quite hard to appeal (or 'challenge') a tribunals award. Usually, a challenge can only be made where the proper legal processes for the arbitration were not followed - for example, if one party was not given an opportunity to present their arguments. As a result, in arbitration an award is almost always the final word in a matter.
Alternative dispute resolution, or ADR, is what lawyers call a variety of different methods for resolving disputes that are non-binding - meaning that the parties are not required to comply with the outcomes (unlike arbitration or litigation). Mediation is perhaps the most common form of ADR. It involves a 'mediator' sitting with the parties to help them to work together and resolve the dispute themselves. A mediator does not impose an outcome like an arbitrator or a judge does. Instead, the mediator helps the parties to agree an outcome. Often, parties will try to use ADR to avoid needing to go to arbitration or litigation. If ADR doesn’t work because the parties can’t agree on a solution to the dispute, they will then go to arbitration or to court, and have an arbitrator or judge resolve the dispute for them.
Arbitration and going to court (which is sometimes called litigation) are quite similar. They allow parties to resolve their disputes, and result in a binding decision that the parties are required by law to obey. There are, however, important differences between arbitration and litigation, which often make arbitration a better choice for resolving a dispute: Arbitration is more flexible: A court will generally have very rigid processes which need to be followed in every case. By contrast, the process in arbitration can be adapted to suit the case, as explained above. Arbitration makes it easier to obtain money kept overseas: An award (the written decision in arbitration) or a judgment (the written decision in litigation) will often require one party to pay the other party a sum of money. However, the losing party will sometimes still refuse to pay, so the winning party will need to go to court to enforce the award or judgment and force them to pay. If a winning party needs to enforce in a foreign country to obtain assets that the losing party is keeping in that country, it is usually easier to do so with an award than with a judgment. Enforcing a judgment in a foreign country depends on the particular arrangements agreed between the countries involved, such as the comprehensive arrangements within the European Union. By contrast, almost every country in the world has agreed to recognize awards made by arbitrators and help to enforce them. Because it is so easy to enforce an award all over the world, arbitration is overwhelmingly popular with anyone doing business with someone based in a different country. Awards are almost always final: A judgment can usually be appealed to a higher court (and sometimes again and again to even higher courts) for a variety of reasons. As set out below, an award can only be challenged in limited circumstances. This leads to much more certainty for parties, and a more straightforward and faster process.
Arbitration is a form of dispute resolution that is widely-used alternative to traditional court litigation. For reasons that will be explained, it is particularly useful for the management of disputes arising in connection with commercial agreements and transactions involving parties from more than one country. Arbitration is based entirely on the consent of the parties, meaning that before a party can initiate arbitral proceedings, the disputing parties must have agreed to take their dispute to arbitration. Such agreement is usually found in the form of a dispute resolution clause in a commercial contract between the parties, but it may take the form of an agreement to arbitrate a dispute that has already arisen.
By entering into an arbitration clause or agreement, the parties agree that any disputes within the scope of that agreement that arise will not be heard by state courts, but rather will by an arbitral tribunal of private individuals, usually one or three in number, who act as arbitrators. The arbitration process leads to an award being issued by the arbitral tribunal. The award, which is similar to a court judgment, is final and binding on the parties and can only be set aside on certain exceptional grounds. The arbitral award typically includes findings of fact and conclusions of law and, under the arbitration laws of most jurisdictions, may order any form of remedy or relief that could have been ordered by a court. The arbitral process itself is governed by the law of the place chosen as the situs or seat of arbitration, which need not be the law governing the contract in dispute, and by arbitral rules chosen by the parties. It is usually administered by an arbitral institution. Arbitrators appointed in accordance with the arbitral rules chosen by the parties will hear the dispute in much the same way a judge would in court proceedings but in a more informal and private setting.
Arbitrators must respect the agreement of the parties if it does not breach prohibitions and is not contrary to social morals. Arbitrators must be independent, objective and impartial and must comply with the provisions of law. Parties in dispute shall have equal rights and obligations.
Arbitration clause is a very important clause and you should not overlook. When dispute arises, arbitration cost will play a very important role cost also depends upon the seat of arbitration, the tribunal forum, the applicable law for the arbitration and several other factors therefore conceiving and drafting arbitration clause or agreement is really important.
Section 9 of the Arbitration and Conciliation Act, 1996 permits interim measures and any party to an arbitration agreement can seek relief by way of an interim application from the Arbitration and Conciliation Act before the court under Section 9 of the commencement of the arbitral proceedings or after the pronouncement of award but before its enforcement.
This will depend on several factors such as the institution; tribunal fees; seat of arbitration and solicitors/ lawyers’ fees and expenses.
Section 5 of the 2019 Amendment Act inserted sub-section (4) in Section 23 of the Arbitration and Conciliation Act, 1996 (Arbitration Act). By virtue of this insertion, the statement of claim and defense is now required to be completed within a period of six months from the date when the arbitrator or all the arbitrators, as the case may be, received notice, in writing, of their appointment. Section 6(a) of the 2019 Amendment Act substituted Section 29A (1) of the Arbitration Act, which, inter alia, now mandates that the award in matters other than international commercial arbitration shall be made by the Arbitral Tribunal within a period of twelve months from the date of completion of pleadings under the newly inserted sub-section (4) of Section 23 of the Arbitration Act. The erstwhile section 29A(1) mandated that an ar the date of entering into reference of the Arbitral Tribunal.bitral award shall be made within 12 months from
Arbitrators are independent third-party individuals who hear the evidence, apply the law, and decide the outcomes of arbitration disputes.
Almost any type of legal dispute can be settled in arbitration, including those arising under commercial contracts. When entering into a contract, the parties can include an arbitration agreement clause providing that some or all of the disputes that arise between the parties will be resolved in arbitration.
An Arbitration agreement may be in the form of Arbitration clause in a contract or in the form of a separate agreement. An Arbitration agreement has to be in writing.agreement has to be in writing.The requirement as to Arbitration agreement being in writing is fulfilled;-
The parties are free to determine the number of arbitrators, provided that such numbers shall not be an even number. Feeling the determination referred to by the parties, the Arbitral Tribunal shall consist of a sole Arbitrator. If the procedure for appointment of Arbitrator or Arbitrators is not agreed, in Arbitration with three arbitrators each party shall appoint an arbitrator and the two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding Arbitrator. In case a party fails to appoint his Arbitrator within 30 days from the receipt of the request to do so from the other party or the two appointed Arbitrators fail to agree on the third Arbitrator within 30 days from the date of their appointment, the appointment shall be made upon request of a party, by the Chief Justice or any person or institution designated by him. In Arbitration with a sole Arbitrator if the parties fail to agree on the Arbitrator within 30 days from receipt of request by one party from the other party to so agree, the appointment shall be made upon request of the party by the Chief Justice or any person or institution designated by him. This applies in cases where the agreement on the appointment procedure does not provide other means for securing their appointments. The appointment made by the Chief Justice is final.
Unless otherwise agreed by the parties, the Arbitration proceedings commence on the date on which a request for the dispute to be referred to Arbitration is received by the respondent.
In an Arbitration other than an International Commercial Arbitration, the Arbitral Tribunal (Arbitrator/Arbitrators) shall decide the disputes in accordance with the substantive Law for the time being in force in India; In International Commercial Arbitration :-