UNCITRAL model in international commercial arbitration has been adopted in a number of countries and made municipal law. India, for example, has adopted the model laws and have formulated the Arbitration and Conciliation Act, 1996 on its lines. What is UNCITRAL? The United Nations Commission on International Trade Law (UNCITRAL), established by the United Nations General Assembly in… Read More »
In this article, we will find out about a few of the important regional arbitration centres in India. Introduction Arbitration is a form of Alternative Dispute Resolution. Unlike the other forms of ADR i.e. Negotiation, Mediation, Conciliation etc, arbitration is a law based process. Guidelines formulated by special organizations are followed as procedural rules in the process of… Read More »
Lok Adalat is one of ADR methods wherein the case at the pre-litigation stage is decided amicably between the two parties based on the principals of justice, equity, fair play(section 20(4)). According to the provisions given under the Legal Services Authorities Act, cases in the pre-litigation stage are resolved by the Lok Adalat by mutual consent. The members… Read More »
On the 15th July 2019, Mr Ravi Shankar Prasad – the honourable the minister of Law and Justice- introduced the “Arbitration and Conciliation (Amendment) Bill, 2019” in the Rajya Sabha. The objective of the bill was to amend certain provisions and introduce certain new aspects in the Arbitration and Conciliation Act-1996. The bill was passed in the Rajya… Read More »
Conciliation is a type of Alternative Dispute Resolution wherein the parties present their arguments in front of a neutral third party (one or more than one based on the agreement of the parties. Meaning It may be noted that conciliation is an art of consistent persuasion and has little to do with passing judgements to expedite the process.[1]… Read More »
This article deals with the essential requirements which an efficient arbitrator, mediator and conciliator should possess. Arbitrators, Conciliators, Mediators have a very important role to play in the resolution of disputes in out-of-court resolution techniques. They act as moderators and are expected to have few characteristics. They cannot be entirely compared to that of judges in adjudication but certain… Read More »
The purpose of this article is to discuss the advantages and disadvantages of negotiation. Negotiation is a process that affords the disputants an opportunity to exchange promises and commitments in an effort to resolve their differences and reach an agreement. Meaning of Negotiation The field of law is experiencing a gradual evolutionary movement, as practitioners eschew the traditional adversarial… Read More »
The article is intended to discuss the advantages and disadvantages of arbitration. The popularity of arbitration was accepted by almost the entire international community. However, the reason for the growth in popularity was kindled by the advantages that arbitration has over adjudication or other forms of dispute resolution. Introduction Arbitration has been a major part of the history of… Read More »
What is Mediation? “Mediation” is also a well-known term and it denotes to a method of non-binding dispute resolution where the neutral third party tries to help the disputing parties to arrive at a negotiated settlement. It is synonymous to the term `conciliation’.[1] Mediation is a client-driven process. Here the parties appoint a neutral third party to mediate… Read More »
Introduction In a research paper titled Alternative Dispute Resolution in the International Context: The North American Free Trade Agreement, O. Thomas Johnson Jr. interestingly mentions that the Alternative Dispute Resolution in international law is a misnomer because it asks us the question alternate to what? [1]We know that international law is functional solely because of the respect for… Read More »
© 2019 Legal Bites - Law And Beyond .