Alternative Dispute Resolution

What is Alternative Dispute Resolution?

Litigants in Indian court proceedings often experience significant delays and associated cost, which create hindrance in the timely delivery of justice. The objective of Arbitration & Conciliation Act, 1996 is to curb the issue of excessive cost and take care of the timely settlement. While the primary aim of any mechanism of Alternative Dispute Resolution (ADR) is to resolve a conflict between parties without resorting to a judicial trial, the three methods of ADR are different in essence and procedure.

Arbitration, conciliation and mediation are the most commonly used Alternative Dispute Resolution mechanisms currently available in India and this Alternative Dispute Resolution module provides an in-depth practical guidance for using these mechanisms to resolve disputes.

Arbitration is the closest to a formal adjudicatory process. Here, parties agree in advance to refer future disputes to a neutral third person or to a panel of individuals (sole arbitrator/arbitral tribunal). Conciliation is a procedure where a neutral third party (conciliator) enables and assists the disputing parties to arrive at an amicable settlement.Mediation is defined as a voluntary, structured process of Alternative Dispute Resolution where the disputing parties choose an impartial third party who uses specialized negotiation techniques and communication to help the partaking parties to come to a mutual settlement.

The Alternative Dispute Resolution module covers domestic arbitration to include prerequisites, invocation of arbitration, arbitral meetings, hearings and arbitral awards. This module also throws light on the international and institutional arbitration practices that would guide parties to choose their seat of arbitration and facilitates selection of institutions. Further, the modules provide for the aspect relating to institutional arbitration like parameters deciding the choice of institutions and process of conciliation and mediation. It also provides the international aspect of arbitration.

Coverage

    Alternative Dispute Resolution Mechanisms

  • Available ADR options
  • Cost Benefit Analysis (ADR Vs. Court Proceedings)
  • Domestic Arbitration

  • Prerequisites to initiate dispute resolution through arbitration
  • Initiation or Invocation of Arbitration
  • Procedures followed during a Domestic Arbitration
  • Arbitral Hearings
  • Closure of Arbitration and Arbitral Award
  • Challenging an Award/Judicial intervention
  • Enforcement of Arbitral Award
  • International Arbitration

  • Understanding International Arbitration
  • Conventions Guiding International Arbitration
  • Country-specific Laws governing International Commercial Arbitrations
  • Institutional Arbitration

  • Understanding Institutional Arbitration
  • Indian Institutions
  • International Arbitral Institutions
  • Benefits and Challenges of Institutional Arbitration
  • Conciliation

  • Concepts
  • Prerequisites & Procedures of Conciliation
  • Mediation

  • Concepts
  • Prerequisites & Procedures of Mediation

What does the Alternate Dispute Resolution module give you?

  • The module captures the recent amendment of 2015 and is the most updated.
  • The module highlights the practicalities involved that is rare to find in the products available in Indian market.
  • Since Alternate Dispute Resolution mechanisms are comparatively less rigid than court proceedings, the in-house counsels do not require lawyers to assist them on the procedure if they can find the guidance from our module.
  • The module provides a detailed guidance on international and institutional arbitration, which is not available in the market otherwise.
  • The documents are authored by the best law firms of the country like Luthra & Luthra, Singhania & Partners, Kanth & Associates, Singh & Associates, Trilegal, Karanjawala & Company and Argus Partners.

Contributors