26 Nov 2019

A clause for Alternate dispute resolution (ADR) is incorporated in a contract to ensure avoidance of lengthy and costly legal procedures. Undue delay in arbitration procedure tends to vitiate this essential objective that ADR seeks to achieve.  Further, the ADR process is designed to minimize the interference of courts, however, it is more of fiction as parties unhappy with the outcome of the process take the legal recourse as a dilatory tactic. Therefore, it is essential that arbitral awards are set aside only when there is a grave injustice or is unreasonable on the face of it[i].>>

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17 Nov 2015

For many years, arbitration has been a commonly followed process to settle disputes in India, although with time, different custodians have been vested responsibility for dispute resolution.  For centuries, the heads of families helped amicably resolve issues even though many of them lacked formal legal training or indeed, any experience at all. Later, councils of “village elders” (Panchayats) were formed to facilitate resolution of disputes. The authority and powers vested in them made their decisions more binding.>>

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12 Nov 2015

The Arbitration and Conciliation (Amendment) Ordinance, 2015 was promulgated by the President of India on October 23rd 2015. The ordinance is effective at once and is expected to bring more clarity and speed to the arbitration process in India. This is another major step in the evolution of India’s legal framework and will likely play a major role in boosting the confidence of domestic and foreign businesses as they explore investments in India.>>

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