Given the complexity and technical nature of construction disputes, arbitration has become a favored method for resolving such conflicts. Arbitration allows parties to choose arbitrators with specific expertise in construction law, engineering, or project management, ensuring a more informed decision-making process compared to a generalist judge in a court of law.
This article will explore the role of mediation in arbitration, how these processes interact, and the benefits of their integration, focusing on how the hybrid approach-commonly referred to as "Med-Arb"-can provide the best of both worlds.
Emergency Arbitration bridges this gap by offering swift and decisive relief, ensuring that parties can preserve the status quo or prevent irreparable harm during the early stages of a dispute. This article explores the concept of emergency arbitration, the circumstances under which it should've used, its procedural framework, and its advantages and challenges.
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.
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