Arbitration, Conciliation, and ADR Systems
This chapter delves into Alternative Dispute Resolution (ADR) mechanisms, particularly focusing on arbitration, conciliation, mediation, and their underlying legal frameworks. Key distinctions between these processes are highlighted, emphasizing the importance of arbitration agreements and the role of courts in arbitration. Tariffs associated with these methods and specifics surrounding the enforcement of foreign awards are also discussed.
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What we have learnt
- Alternative Dispute Resolution encompasses methods to settle disputes without formal court proceedings.
- Arbitration involves a legally binding decision made by neutral arbitrators, while conciliation and mediation facilitate agreements between parties.
- The Arbitration and Conciliation Act of 1996 along with international conventions plays a crucial role in shaping arbitration practices in India.
Key Concepts
- -- Arbitration
- A process in which parties resolve their disputes outside of the court through a binding decision by appointed arbitrators.
- -- Conciliation
- A method where a neutral facilitator assists parties in reaching a settlement, with outcomes being binding if they are signed.
- -- Mediation
- A voluntary and informal method that involves a mediator helping parties come to an agreement, also binding upon signature.
- -- ADR
- Refers to Alternative Dispute Resolution mechanisms that provide flexible, confidential, and often quicker dispute resolution compared to traditional court litigation.
- -- New York Convention
- An international treaty that provides for the enforcement of arbitration awards made in member countries.
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