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Arbitration Definition
Arbitration, a form of alternative dispute resolution (ADR), is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons (the “arbitrators”, “arbiters” or “arbitral tribunal”), by whose decision (the “award”) they agree to be bound. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides. Other forms of ADR include mediation (a form of settlement negotiation facilitated by a neutral third party) and non-binding resolution by experts. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. The use of arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts. Arbitration can be either voluntary or mandatory (although mandatory arbitration can only come from a statute or from a contract that is voluntarily entered into, where the parties agree to hold all disputes to arbitration, without knowing, specifically, what disputes will ever occur) and can be either binding or non-binding. Non-binding arbitration is, on the surface, similar to mediation. However, the principal distinction is that whereas a mediator will try to help the parties find a middle ground on which to compromise, the (non-binding) arbitrator remains totally removed from the settlement process and will only give a determination of liability and, if appropriate, an indication of the quantum of damages payable.

Conciliation Definition
Conciliation is an alternative dispute resolution (ADR) process whereby the parties to a dispute (including future interest disputes) agree to utilize the services of a conciliator, who then meets with the parties separately in an attempt to resolve their differences. They do this by lowering tensions, improving communications, interpreting issues, providing technical assistance, exploring potential solutions and bringing about a negotiated settlement. Conciliation differs from arbitration in that the conciliation process, in and of itself, has no legal standing, and the conciliator usually has no authority to seek evidence or call witnesses, usually writes no decision, and makes no award. Conciliation differs from mediation in that the main goal is to conciliate, most of the time by seeking concessions. In mediation, the mediator tries to guide the discussion in a way that optimizes parties needs, takes feelings into account and reframes representations. In conciliation the parties seldom, if ever, actually face each other across the table in the presence of the conciliator.

Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR) (also known as external dispute resolution in some countries, such as Australia) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. ADR basically is an alternative to a formal court hearing or litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party. ADR are ways and methods of resolving disputes outside the judicial process (formal litigation — court).

History, origins and meaning of Arbitration
Arbitration is generally defined to mean the determination of disputes between parties by a person appointed or chosen by them (arbiter). It is thus an informal method of dispute resolution with flexibility in procedures and rules. As a method of dispensing justice, arbitration is not a modern phenomenon. The Western idea of private arbitration can be traced back to the Roman and Canon law. Arbitration as a dispute resolution mechanism was used in Common Law since the 14th Century. However arbitration and other methods of dispute resolution have become of considerable significance after the 19th Century, with the advent of trans-national trade and commerce and with a view to have speedy and inexpensive means of resolving grievances. Thus there is a clause for arbitration in most modern day trading contracts.

History of panchayats dispensing justice
However in India, panchayats (both village and the notorious ‘khap’ caste panchayats) have been arbitrating on property disputes, torts and even criminal offences like murder and rape since time immemorial. Panchayat (literally five wise men) is a representative body of the members of a particular caste or village (usually headed by the elder most people or the most respected and experienced elder). One of the most important functions of these panchayats is the dispensing of justice.

Arbitration Award
An arbitration award (or arbitral award) is a determination on the merits by an arbitration tribunal in an arbitration, and is analogous to a judgment in a court of law. It is referred to as an ‘award’ even where all of the claimant’s claims fail (and thus no money needs to be paid by either party), or the award is of a non-monetary nature. Although arbitration awards are characteristically an award of damages against a party, tribunals usually have a range of remedies that can form a part of the award. the tribunal may order the payment of a sum of money (conventional damages)the tribunal may make a “declaration” as to any matter to be determined in the proceedings in most jurisdictions, the tribunal has the same power as a court to: order a party to do or refrain from doing something (“injunctive relief”)to order specific performance of a contract to order the rectification, setting aside or cancellation of a deed or other document. The legal requirements relating to the making of awards vary from country to country and, in some cases, according to the terms of the arbitration agreement. Although in most countries, awards can be oral, this is relatively uncommon and they are usually delivered in writing. By way of example, in the United Kingdom, the following are requirements under the Arbitration Act 1996 which the award must comply with, unless the parties agree to vary them under section 52 of the Act: the award must be in writing and signed by all of the arbitrators assenting to the award (dissenting minority arbitrators need not sign unless the parties agree that they must);the award must contain reasons; the award must state the “seat” of the arbitration (the place where the arbitration took place); and the award must state the date upon which it is made. This is important for the calculation of interest, and determination of time limits. Many countries have similar requirements, but most permit the parties to vary the conditions, which reflects the fact that arbitration is a party-driven process.

Arbitration Lawyers
Our arbitration lawyers and arbitrators include those who have undertaken arbitration in the Asia. They understand the multi-cultural and the multi-jurisdictional aspects of international business in this age of globalization. They those educated at Leading Law School & University in India. They believe in high moral and legal ethics. We assist our clients with resolution of disputes in all areas of general and special practices, including commerce, finance and industry. Our highly trained & experienced attorneys endeavor to prevent disputes by ensuring proper documentation and by tactfully handling the matter. However, in cases where disputes cannot be prevented, we take utmost care in preparation of our client’s case and ensure that the client gets the best advice and support in resolving their disputes. Our attorneys are highly experience and has dealt with hundreds of arbitration & conciliation in India and overseas, including:

Negotiations
Conciliation
Preparing and presenting the case before arbitrator
Domestic and International Arbitration
Enforcement of Awards…

Domestic Arbitration and International Arbitration
Arbitration is a form of dispute resolution in which a neutral third party, called an arbitrator, makes a binding decision on a dispute. There are two main types of arbitration: domestic arbitration and international arbitration.

Domestic arbitration refers to arbitration that takes place within the borders of a single country. It is used to resolve disputes that arise between parties within the same country. Domestic arbitration is governed by the laws of the country where the arbitration takes place.

International arbitration, on the other hand, refers to arbitration that takes place between parties from different countries. It is used to resolve disputes that arise in the context of international business transactions. International arbitration is governed by international laws and conventions, such as the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

There are some key differences between domestic and international arbitration. One of the main differences is that international arbitration is often conducted in a neutral location, such as a major city with a strong arbitration infrastructure. This is because the parties involved in the dispute may not want to submit to the laws of any one particular country.

Another difference is that international arbitration often involves a more complex set of laws and rules. This is because the parties involved may come from different legal systems, and the arbitrators must be able to navigate these systems and make a decision that is enforceable in multiple jurisdictions.

Overall, both domestic and international arbitration offer a flexible and efficient means of resolving disputes outside of the traditional court system.

Domestic arbitration is often preferred in cases where the dispute involves parties who are located in the same country, and where the laws and legal system of that country are well understood by all parties involved. Domestic arbitration is typically conducted in accordance with the laws of the country where the arbitration takes place, and the arbitrator(s) chosen to resolve the dispute are usually chosen from that country as well.

International arbitration, on the other hand, is often used when the dispute involves parties from different countries. This type of arbitration allows the parties to avoid the legal system of any one country and instead choose a neutral location and a set of laws and rules that are acceptable to all parties involved. International arbitration is usually conducted in accordance with international laws and conventions, such as the rules of the International Chamber of Commerce (ICC) or the United Nations Commission on International Trade Law (UNCITRAL).

Another key difference between domestic and international arbitration is the language used during the arbitration proceedings. In domestic arbitration, the language used is usually the official language of the country where the arbitration takes place. In international arbitration, however, the language used is often agreed upon by the parties and may not be the official language of any one country.

Finally, it’s worth noting that the enforcement of arbitration awards can be different in domestic and international arbitration. In domestic arbitration, the enforcement of the award is generally straightforward since the award is made in accordance with the laws of the country where the arbitration takes place. In international arbitration, however, the enforcement of the award may be more complex since the award may need to be recognized and enforced in multiple countries.

In summary, both domestic and international arbitration offer a flexible and efficient means of resolving disputes outside of the traditional court system. The choice of which type of arbitration to use will depend on the specific circumstances of the dispute, including the location of the parties involved and the nature of the legal issues at stake.

Domestic and International Arbitration Organizations

For India, here are some of the prominent organizations that provide arbitration services for domestic and international disputes:

Domestic arbitration organizations:

Indian Council of Arbitration (ICA) — The ICA is a non-profit organization that provides arbitration services for domestic disputes in India. It is one of the oldest arbitration organizations in India and is recognized by the Indian government.

Mumbai Centre for International Arbitration (MCIA) — The MCIA is a relatively new organization that provides dispute resolution services, including arbitration, for both domestic and international disputes. It is based in Mumbai and is focused on providing efficient and cost-effective arbitration services.

Delhi International Arbitration Centre (DIAC) — The DIAC is a government-run arbitration center that provides dispute resolution services for domestic and international disputes. It is based in Delhi and is known for its transparent and impartial arbitration services.

International arbitration organizations:

International Court of Arbitration (ICA) — The ICA is the arbitration arm of the International Chamber of Commerce (ICC) and provides dispute resolution services for international commercial disputes. It is one of the most widely used international arbitration organizations in India.

Singapore International Arbitration Centre (SIAC) — The SIAC is a popular international arbitration organization in India, providing dispute resolution services for both domestic and international disputes. It is known for its efficient and cost-effective arbitration services.

London Court of International Arbitration (LCIA) — The LCIA is another popular international arbitration organization in India, providing arbitration services for international commercial disputes. It is known for its efficient and effective dispute resolution services.

These organizations have established procedures for conducting arbitration and have panels of arbitrators who are experienced in resolving disputes in their respective areas of expertise. Parties involved in a dispute can select an organization to conduct the arbitration, and the organization will typically provide a list of qualified arbitrators for the parties to choose from.

For USA ,There are several organizations that provide arbitration services for both domestic and international disputes. Here are some of the most well-known organizations:

Domestic arbitration organizations:

American Arbitration Association (AAA) — The AAA provides arbitration services for a wide range of disputes, including commercial, construction, and employment disputes. It is one of the largest arbitration organizations in the United States.

JAMS — JAMS provides alternative dispute resolution services, including arbitration and mediation, for a variety of disputes, such as business/commercial, construction, and employment disputes.

International Institute for Conflict Prevention & Resolution (CPR) — CPR provides dispute resolution services for both domestic and international disputes, focusing on mediation and arbitration.

International arbitration organizations:

International Chamber of Commerce (ICC) — The ICC is one of the most well-known and widely used organizations for international arbitration. It provides a range of dispute resolution services, including arbitration and mediation, for international commercial disputes.

London Court of International Arbitration (LCIA) — The LCIA is based in London and provides arbitration services for international commercial disputes. It is known for its efficient and effective dispute resolution services.

Singapore International Arbitration Centre (SIAC) — The SIAC is one of the leading arbitration organizations in Asia, providing dispute resolution services for both domestic and international disputes. It is known for its efficient and cost-effective arbitration services.

These organizations have established procedures for conducting arbitration and have panels of arbitrators who are experienced in resolving disputes in their respective areas of expertise. Parties involved in a dispute can select an organization to conduct the arbitration, and the organization will typically provide a list of qualified arbitrators for the parties to choose from.

Indian Arbitration and Conciliation Act

Arbitration and Conciliation Act, 1996

The Indian Constitution, specifically Article 51, clauses © and (d), mandates that the state must strive to promote respect for international law and encourage the settlement of international disputes through arbitration. To fulfill this obligation, the President of India promulgated the Indian Arbitration and Conciliation Act 1996, which allows parties the freedom to conduct arbitration within minimal restrictions.

The Act covers both domestic arbitration, where both parties are Indian nationals, and international commercial arbitration, where at least one party is not an Indian national. The Act has three parts: Part I, entitled “Arbitration,” contains 10 chapters with sections 2 to 43; Part II, entitled “Enforcement of Certain Foreign Awards,” contains Chapters I and II with sections 44 to 60; Part III, with sections 61 to 81, deals with “Conciliation”; and Part IV, with sections 82 to 86, provides Supplementary Provisions.

The term “domestic arbitration” is not explicitly defined in the statutes or in decided cases. However, the Act defines “international commercial arbitration.” Domestic arbitration takes place in India when the arbitration proceedings, the subject matter of the contract, and the merits of the dispute are all governed by Indian law. It also occurs when the cause of action for the dispute arises wholly in India or when the parties are subject to Indian jurisdiction.

In domestic arbitration, the cause of action for the dispute must have arisen wholly in India or the parties must be subject to Indian jurisdiction. Domestic arbitration is an attractive option for settling disputes because it allows the arbitration to take place in India, the subject matter of the contract is in India, the merits of the dispute are governed by Indian law, and the procedure of arbitration is also governed by Indian law.

The Indian Arbitration and Conciliation (Amendment) Bill 2003 defines domestic arbitration as an arbitration related to a dispute arising out of a legal relationship, whether contractual or not, where none of the parties is an individual who is a nationality of or habitually resident in any country other than India, a body corporate incorporated in any country other than India, an association or a body of individuals whose central management and control is exercised in any country other than India, or the government of a foreign country. Domestic arbitration also includes international arbitration and international commercial arbitration where the place of arbitration is in India.

International arbitration can occur within or outside of India when there are foreign elements related to the parties or subject matter of the dispute. The applicable law for arbitration and dispute resolution may be either Indian or foreign law, depending on the contract and conflict of laws rules. The 1996 Act provides a clear definition of international commercial arbitration, which includes disputes arising from legal relationships, whether contractual or not, considered commercial under Indian law, where at least one party is a non-Indian national, a foreign corporate body, a company or association whose central management is outside India, or a foreign government. International arbitration follows the same procedure as domestic arbitration, with the key difference being the involvement of at least one non-Indian party or the subject matter being abroad. Different legal systems have varying rules for domestic and international arbitration, and the international character of arbitration can be established through the subject matter, procedure, or organization being international, parties being from different jurisdictions, or a combination of both. The determination of whether an arbitration is international is up to the arbitrators, and factual disputes cannot be raised in a writ petition.

Foreign arbitration refers to an arbitration that takes place outside India, with the resulting award sought to be enforced as a foreign award.

Ad hoc arbitration, on the other hand, is an arbitration that is arranged and agreed to by the parties themselves without involving any institution. The proceedings and procedures are conducted by the arbitrators as per the agreement or with the concurrence of the parties. Ad hoc arbitration can be domestic, international, or foreign. In cases where the parties cannot agree on the appointment of an arbitrator under ad hoc arbitration, Section 11 of the 1996 Act empowers the Chief Justice of the High Court or Chief Justice of the Supreme Court to appoint arbitrators. The Chief Justice may designate a person by name or ex-officio, or an institution that specializes in the field of arbitration. This provision has given recognition to the role of arbitral institutions in India.

Institutional arbitration is arbitration that is conducted under the rules established by an established arbitration organization. These rules supplement the provisions of the arbitration act in matters of procedure and other details that the act permits. These rules may provide for domestic or international arbitration or both, and the disputes dealt with may be general or specific in character.

In India, there are several commercial organizations that provide a formal and institutional base for commercial arbitration and conciliation. There are also several merchant associations that provide in-house arbitration facilities for their members and customers. In such cases, the purchase bills usually require the parties to refer their disputes relating to purchase, mode of payment, or recovery to the sole arbitration of the association concerned, whose decision is final and binding on the parties. Stock exchanges in India also provide in-house arbitration for the resolution of disputes between members and others. The Board of Directors of each stock exchange constitutes the appellate authority for hearing appeals from the award of the arbitral tribunal. The use of this in-house facility by members of such institutions is on the rise. Advocate in Jabalpur — Lawyer in Jabalpur — Ajay Gautam Advocate Jabalpur Arbitration Lawyer India: Best Arbitration Advocate Top Arbitration Lawyers Jabalpur Madhya Pradesh India