Efficient Dispute Resolution through Arbitration: Mediation and Negotiation for Modern Society

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Arbitration Lawyers in Chennai

Aran Law is one of the best arbitration matters law firms and our Arbitration Lawyers in Chennai offer legal support for our clients who are facing arbitration cases.

Arbitration, Mediation & Negotiation

Aran Law Firm has experienced arbitration lawyers in Chennai to represent the interest of our clients to file and defend the arbitration cases in Chennai. Arbitration is a process of dispute resolution in which two parties agree to have their dispute heard and decided by an arbitrator. The arbitrator is a neutral third party who hears both sides of the argument and then renders a decision. This decision is binding on both parties and can be enforceable in court. Arbitration can be used for a variety of disputes, including contractual disputes, employment disputes, and personal injury disputes. Many arbitration agreements contain a clause specifying that any future disputes between the parties will be resolved through arbitration. This clause is known as a pre-dispute arbitration clause. 

How Arbitration Proceedings are Conducted by the forum?

Arbitration is a valuable process that can be used to resolve disputes between individuals, organizations, and government entities. Unlike traditional court proceedings, which are often slow, costly, and adversarial in nature, arbitration involves an independent third party who acts as a neutral mediator to facilitate a resolution. This process not only helps to maintain goodwill between the conflicting parties involved but also helps to ensure that an impartial decision is reached.  

In addition, by providing an alternative to litigation in cases where the parties may have concerns about potential bias or corruption in the court system, arbitration can help relieve the pressure on our legal and judicial systems. Thus, it is clear that the importance of arbitration extends far beyond just helping to settle particular disputes or disagreements – it is a key element in maintaining social stability and harmony in modern society. 

Appointment of Arbitration under Arbitration and Conciliation Act, 1996 

The Arbitration and Conciliation Act, 1996 is the principal legislation in India governing domestic and international arbitration previously governed arbitration proceedings in India. The Arbitration and Conciliation Act, 1996 was enacted to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards. The Act 1996 applies to all arbitrations taking place in India. The Arbitration and Conciliation Act, 1996 also applies to international commercial arbitrations where:  

(a) the place of arbitration is in India;  

(b) either party to the arbitration agreement is an Indian citizen; or  

(c) any property involved in the dispute is situated in India. 

The Arbitration and Conciliation Act, 1996 provides for the appointment of an arbitrator by the court. Section 11 of the Arbitration and Conciliation Act, 1996 sets out the procedure for appointing an arbitrator by the court. The court may appoint an arbitrator on its own motion or at the request of a party to the arbitration agreement. Where the parties have not agreed on a method of appointing an arbitrator, the court may appoint an arbitrator on such terms as it considers appropriate. The parties can appear in person or through their counsel during the arbitration proceedings. Our Arbitration Lawyers in Chennai can assist you to represent in the matters of arbitration. 

Grounds to file Appeal Against Arbitration Award 

An appeal against an arbitral award made in India can only be filed before the High Court, and not before any other court. Section 34 of the Arbitration and Conciliation Act sets out the grounds on which an appeal can be made. These grounds are:  

(i) that the award is in conflict with the public policy of India;  

(ii) that there was some material irregularity in the proceedings; or  

(iii) that there was error on the face of the award.  

If any of these grounds are made out, then the High Court may set aside the arbitral award. It should be noted that an appeal against an arbitral award is a statutory right, and cannot be waived by the parties. Consequently, even if the parties agree to waive their right of appeal, Indian courts will not give effect to such an agreement. 

Arbitration and Conciliation Act

Filing an appeal against an Arbitration Award must be done within a specified period of time under Section 34 of the Arbitration and Conciliation Act. This is generally a fairly straightforward process, as the legislation lays out clear guidelines for filing the appeal.  

  • The first step is to submit a copy of the Arbitration Award along with your statement of objection to the relevant High Court in India.  
  • You must also include certain supporting documents, such as your claim statement and any documentary evidence related to your case.  
  • Finally, you must pay a fee based on the amount in dispute in order to complete the filing process. 

Overall, those wishing to file an appeal against an Arbitration Award should ensure that they meet all of the requirements under Section 34 of India’s arbitration legislation so that their appeal can be considered by the court. Our Arbitration Lawyers in Chennai can help you with filing the appeal against the Arbitration Award,

Filing of appeal against the foreign arbitration award 

India is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Consequently, Indian courts have the jurisdiction to entertain an appeal against an arbitral award made in a foreign country, provided that the award is made in a country that is also a signatory to the New York Convention.

Parties can appeal a foreign arbitration award to the High Court of India in India. Before appealing, the party contesting the award must take numerous procedures to ensure the court considers their claims. These include filing written objections and making sure that copies of all necessary documentation have been submitted in advance. Additionally, parties must ensure that they present all relevant legal arguments in their favour during the appeal process. Any party appealing a foreign arbitration ruling in India must be ready to prove it was wrong or unfair.

In recent years, India has seen a major surge in the number of cases being taken to international arbitration. Foreign investment in India’s growing economy has fueled this trend. Many corporations have opted to arbitration due to frustration with India’s court system, even though investors and foreign capital are still protected.

Mediation Process 

When two or more people have a dispute, they often turn to mediation as a way to resolve the conflict. Mediation is a process in which a neutral third party helps the parties involved in a dispute to come to an agreement. This can be done through discussion and negotiation, and it usually happens outside of court. One of the benefits of mediation is that it allows the parties to resolve the dispute amicably. This can avoid the stress and expense of going to court. In addition, mediation can help the parties maintain their relationships with one another after the dispute has been resolved. 

The mediator’s role is to help the parties communicate with each other and negotiate an agreement. The mediator helps the parties reach a fair arrangement, not makes them.

In legal system, mediation is a process in which mediator facilitates communication between parties to help them reach a resolution. Mediation can be used in a variety of legal disputes, including divorce, child custody, and contract disagreements. The mediator is a neutral third party who does not take sides or make decisions for the parties. Instead, the mediator helps the parties to communicate openly and to find areas of agreement. In divorce mediation, for example, the mediator might help the parties to discuss their respective needs and interests. The mediator might also provide information about the divorce process and the law to help the parties make informed decisions. Mediation is effective because parties may control the outcome. Additionally, mediation can save time and money by avoiding costly litigation. 

Negotiation  

Negotiation is an important aspect of legal disputes, as it allows parties to arrive at a settlement that meets both their needs and requirements. Whether through direct communication or through the help of mediators. Negotiation serves as a crucial tool for resolving conflicts and finding common ground between opposing parties. At the same time, however, effective negotiation requires trust, patience, and clear communication on all sides. In order to be successful in negotiations, both parties must be willing to work together. And put the interests of those involved ahead of their own personal goals. With good faith transactions and sound judgment on all sides. It is possible to achieve mutually beneficial results in legal disputes through careful negotiation. 

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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