Arbitration
Alternative Dispute Resolution
Arbitration is one of the most popular methods of ADR. It could be understood as a method of dispute resolution, involving one or more neutral third person selected by disputing parties. Any decision by the Arbitral Tribunal shall be binding (termed as ‘Arbitral Award’).
Features:
- The parties of arbitration have the benefit of choosing the place of arbitration, and the arbitrator(s)
- Parties can also challenge the arbitral awards.
- Arbitral awards can be enforced easily in Foreign Nations and are also governed by international treaties.
Basic Features:
- Arbitration Agreement: In order to facilitate the agreement of arbitration between the parties, the agreement must be written either within a contract (referred to as an ‘Arbitration Clause’) or as a separate agreement.
- Arbitrator: Arbitral tribunal is similar to the Judge of the Court.
- The seat of arbitration: The seat of arbitration determines the courts which would exercise jurisdiction over the arbitration proceeding. In absence of such an agreement, the 1996 Act solely operates within the territory of India.
- Party autonomy and procedure: Arbitration gives the parties the choice to select applicable laws, especially if the arbitration is international commercial arbitration. Additionally, there is an enormous flexibility to choose the procedure that shall be applicable. The Rules of the arbitration can be self-governed, however, the said rules have to be in the spirit of the Public Interest of India.
- The finality of outcome: No appeal lies against an arbitral award, however, an arbitral award can only be set aside if the said award suffers from an invalid arbitration agreement, party’s incapacity to enter into an agreement, independence, and impartiality of an arbitrator, unfair procedure, etc.
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