The legal landscape in India is vast, with millions of cases pending in various courts across the country. The backlog and delays in the judicial system have led to increasing frustration among litigants, making the search for alternatives imperative.
There is an increased trend of parties from India choosing popular seats like Singapore as Seat of Arbitration, despite the fact that both the parties are from India. There was a question, whether two Indian parties can choose a foreign seat to resolve their disputes and circumvent Indian law.
Mediated has emerged as a pivotal alternative dispute resolution (ADR) mechanism globally, offering parties a voluntary, flexible, and collaborative process to resolve dispute outside traditional litigation. In India, where the judicial system faces challenges such as backlog and delays, mediation presents a viable solution to expedite the resolution of disputes while reducing the burden on courts.
Arbitration, a form of alternative dispute resolution, has gained prominence due to its efficiency, flexibility, and confidentiality compared to traditional litigation. Central to this process are arbitrators, the individuals tasked with resolving disputes impartially and competently.
Arbitration has emerged as a preferred method for resolving disputes in India, offering parties a flexible and efficient alternative to traditional court litigation. The Arbitration and Conciliation Act 1996 serves as the cornerstone of India's arbitration regime, providing the legal framework for conducting arbitration proceedings.
In the realm of conflict resolution, two methods often stand out: Mediation and Arbitration. While both aim to settle disputes efficiently, they differ significantly in their processes, outcomes, and level of control parties retain.
In a recent Judgment dated 1st of March 2024, in the matter of Arif Azim Co, the Supreme Court of India while dealing with an Application under S.11(6) of the Act, seeking to appoint an arbitrator in a matter of International Adhoc arbitration held that the appointing Court has to consider two limitation periods one starting from the date of cause of action till the date of commencement of the arbitration and the 2nd is to be calculated from the date of commencement of Arbitration till the filing of the Section.11 application.
Most of the construction and infrastructure arbitrations in which termination happens due to the lapses attributable to the employer, the major claim of the contractor shall be “Loss of Profit”.
The Legal framework governing the Permanent Court of Arbistration (PCA) is baded on the Hague Convention of 1899 and it's subsquent revisions. The PCA operates as an intergovernmental organization and its statutes and rules are agreed upon by the states that choose to submit their disputes to its jurisdiction.
The Arbitration and Conciliation Act and 1996 and is a pivotal legislation in India that governs the process of arbitration and providing a robust framework for the resolution of disputes outside the traditional court system.
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