Arbitration System in India
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arbitration in India, India Arbitration, ADR, Dispute resolution, lawyers, legal, law, high courts, supreme courts, arbitration
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About "Arbitration System in India" topic:
Has arbitration kept its `tryst with destiny' as an efficient charter for Alternate Dispute Resolution (ADR) in India? Let us examine this issue.
Indian lawyers and judges should be aware of and absorb some of the best arbitration practices from jurisdictions to have a more developed culture of arbitration, if arbitration is to provide the benefits it is capable of delivering. Arbitration in India under the 1996 Act is far from having fulfilled its potential and continues to be on probation. In this topic, let us discuss on how to improve Arbitration system In India...
Indian lawyers and judges should be aware of and absorb some of the best arbitration practices from jurisdictions to have a more developed culture of arbitration, if arbitration is to provide the benefits it is capable of delivering. Arbitration in India under the 1996 Act is far from having fulfilled its potential and continues to be on probation. In this topic, let us discuss on how to improve Arbitration system In India...
9 insight
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on topic: "Arbitration System in India"
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In order to reduce the delay in courts and in the process of traditional adjudication mechanism, the Alternative Disposal Mechanism (ADR) was mooted. The dispute resolution through Conciliation, Arbitration and Mediation etc., is regarded as alternative mechanism to resolve the disputes between or among the parties in a defined legal relationship. The dispute resolution through Arbitration has occupied great significance in India in the recent past though it was successfully practiced in the developed nations like United States etc. The Arbitration and Conciliation Act, 1996 replacing the earlier act of 1940, governs the issue of dispute resolution through Arbitration. Any dispute a...
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santhanamvelayutham
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| 3 years ago
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arbitrater appointed must be copetent enough to decide on issues should be unboised
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motty john
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| 3 years ago
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Mr.Rao,Good attempt, Regarding the first part of your article,I think you haven't clarified the following aspects. Whether winding up petition can be initiated by a secured creditor against a debtor company after having availed some benifits u/s 9...
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Insight: "Law of Arbitration – Company matters?" deleted from your view.
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In order to address the issue of delay before Traditional Courts and in order to decrease the burden of courts, Alternative Dispute Resolution Mechanism was mooted and now everybody is aware of Arbitration proceedings. As everybody knows, Arbitration proceedings are governed by Arbitration and Conciliation Act, 1996 in India. On one side, we have been witnessing a trend where the Arbitration Clause is incorporated mechanically in almost all the agreements. Again, we have been listening the criticism that the Arbitration Law has failed to yield the desired result as it is too costly and at the same time the proceeding gets delayed like a proceeding in traditional civil courts. The main ...
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panjwani p. A.
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| 3 years ago
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In most cases between company or govt body verses individual,a govt body or company delaying matter delibratly in every cases claime against them are due to neglegence and mal practice by their offcials and to hide their fault and to stray away...
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Anagha Thakur
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| 3 years ago
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In a country like ours, in many cases, it has been seen that Arbitration process delays because of pressures by power persons or government officials. In many cases, because of clever and cunning lawyers also, the arbitration process, extends....
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Insight: "Why do even Arbitration proceeding too gets delayed often?" deleted from your view.
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Arbitration agreement: What are the requirements?
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nitin dubey
| Answered
| 3 years ago
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arbitration matter are very simple first both the parties have to decide or fix one common sole arbitrator to decide the cadse in this arbitration materrs the money which is involved in lacs to crores and main disputes arised between govt and...
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Malay Shukla
| Answered
| 3 years ago
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By arbitration the time consumed in the court litigation can be saved effectively,the requirement is basically the understanding between the parties that the dispute be more or less amicablly settled with the intervetion of through a person...
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Answer: "Arbitration agreement: What are the requirements?" deleted from your view.
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yes, there should be separate forum
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no, the existing system is OK
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motty john
| Argues in support of
"no, the existing system is OK"
| 3 years ago
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I think the existing legislations are capable enough to meet all contigencies and the parties who enter into contracts if incorporates an arbitration clause then definitely it will have a wide manifestation.Luckly we have enough infra for...
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Bhavesh Kumar
| Argues in support of
"yes, there should be separate forum"
| 3 years ago
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Arbitration is an alternative dispute resolution mechanism for adjudication of disputes between two parties. Arbitration is generally related to workings of special field and essentially do not involve the CrPC,CPC or IPC sections. In such...
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Debate: "ALTERNATIVE/PARALLEL JUDICIAL FORUM FOR ARBITRATION" deleted from your view.
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Traditionally, if any dispute arises between the parties, the party can inistitute a legal proceeding before the competant court like filing a suit for recovery of money in a civil court. As there are too many cases before court, too many regulations to follow, less staff or insufficient courts and judges, there was an uproar over traditional judiciary that the justice is getting delayed and we often listen to the issue like 'justice delayed is nothing but justice delayed'. If we keep the real issues for the delay in traditional redressel mechanism apart, we mooted the Alternative dispute resolution mechansim. The Arbitration and Conciliation Act, 1996 is the basis...
Insight: "Whether Arbitration, being ADR, helps corporates in speedy disposal of their disputes?" deleted from your view.
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Alternative Dispute Resolution (ADR) (also known as external dispute resolution in some countries, such as Australia, includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, usually mediation, before permitting the parties' cases ...
Insight: "Alternative Dispute Resolution " deleted from your view.
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trials were legally justifiable
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trials were sham
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SAMMARPAL SINGH GILL
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"trials were sham "
| 11 months ago
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there is a fine line between white and black, the gray line. in war victory or defeat decide legality.
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SAMMARPAL SINGH GILL
| Argues in support of
"trials were legally justifiable "
| 11 months ago
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criminals like nazi's should face the music of law no matter what!
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Debate: "mockery of internation justice system Nuremberg trial " deleted from your view.
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B.S.KRISHNA MURTHY ANR. VERSUS B.S.NAGARAJ ORS. Supreme Court decision on corporate disputes between family members. Recently Honble Supreme court of India have given judgment citing the paragraph from the Mahatma gandhi Book my experiment with truth to go for settlement via mediation instead of pursuing long court legal battle. passage quoted from My Experiments with Truth' Mahatma Gandhi “I had learnt the the practice of law. I had learnt to find out the better side of human nature and to enter men's hearts. I realized that the true function of a lawyer was to unite parties riven asunder. The lesson was so indelibly burnt into me that a large part of my time during the twenty years of...
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Rajesh Tekale
| Commented
| 2 years ago
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India is a country where every lawyer should follow the practice of initiating private compromise through mediation, arbitration and private settlements as said by Mahatma Gandhi "I lost nothing thereby-not even money, certainly not my soul.”. In...
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Suryanarayan Murthy
| Commented
| 2 years ago
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I had an occasion to accompany a family friend to a court of law in a small town in Andhra Pradesh. The judge, who is a woman, asked one or two questions and said "I will give an hour's time to arrive at a compromise, otherwise it will be a long...
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Insight: "B.S.KRISHNA MURTHY & ANR. VERSUS B.S.NAGARAJ & ORS. Supreme Court decision on corporate disputes between family members." deleted from your view.
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With a very laudable objective of speedy disposal of cases, Alternative Dispute Resolution Mechanism (ADR) is mooted. Among the modes of Alternative Dispute Resolution Mechanism, Arbitration is most discussed issue always as many agreements or contracts contain an Arbitration Clause now-a-days. The difference between Arbitration Mechanism and the adjudication through Civil Court etc. issues can be summed up as follows: There is no need of paying court fee when a dispute is adjudicated by an Arbitrator. Arbitrator is less burdened compared to Civil Court and the parties have the liberty of choosing their own judge. Arbitrator need not follow the procedure prescribed under Civil Pro...
Insight: "How to make Arbitration Mechanism truly effective?" deleted from your view.
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Civil Courts – delay: Many complain that there is so much delay before traditional Civil Courts and I do strongly feel that the possible delay before the Civil Courts and the presumptions makes a person to compromise with his rights too even. It is presumed that the enormous work load before the Civil Courts and the complicated procedures and especially the procedure prescribed under Civil Procedure Code, 1908 is the root cause for the delay. Though it is some extent true, it is not fully correct. Everybody is aware of the Alternative Dispute Resolution Mechanism (ADR) and especially about the Arbitration Mechanism. Arbitrator is a person got appointed by the parties to the dispute ...
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Omkar Kulkarni
| Commented
| 3 years ago
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We have a unemployeed lawyers so increase the courts it will create a good opportunity for new lawyers.
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Omkar Kulkarni
| Commented
| 3 years ago
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Fast Track Court is good to tackle the cases. Evening court is also important.In our country financial crimes are increasing so financial court is necessary to tackle this problem and it will useful to minimise the burdan of court and speedy...
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Insight: "How to get speedy justice from Civil Courts?" deleted from your view.
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