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Indian Arbitration System

Context

Vice President (VP) of India JagdeepDhankhar underlined the need for reforming the Indian arbitration system.

What is Alternative Dispute Resolution?

  • Alternative Dispute Resolution (ADR) includes various methods of settling a dispute without getting into the intricacies of the court.
  • It is a method where parties try to resolve their disputes privately in front of a third-person expert.
  • The decision is binding on the parties like the decision of the court.
  • Type of ADR process: Arbitration, Mediation, negotiation, and conciliation
  • Arbitration: 
    • It is a quasi-judicial proceeding.
    • In this form of dispute resolution, the parties decide the rules of the process and appoint their own judge (referred to as the ‘arbitrator’), who decides the matter between the parties
    • The decision of the Arbitral Tribunal is referred to as an “Award”and has the same effect as that of an order of the court.
    • Arbitration in India is governed by the Arbitration and Conciliation Act, 1996.
  • Issues in the system: Complex, an additional tier in the conventional litigation ladder, lack of trust, inefficiency.

Arbitration and Conciliation Act, 1996.

  • This act gives the provisions for
    • International Commercial arbitration
    • domestic arbitration
    • enforcement of foreign Arbitral awards
  • It is based on the UN model law so as to equate with the law adopted by the United Nations Commission on International Trade Law (UNCITRAL).
  • The Act has been amended in 2015, 2019 and 2021

 

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