Thursday 25 June 2020

ARBITRATION AND ITS TYPES By Isha Manchanda

ARBITRATION
Arbitration is one form of Alternative Dispute Resolution; it is the most widely used form of ADR. It is a way to solve disputes outside the court. The dispute is decided by arbitrators and the decision or the judgement that they give is known as an arbitration award. This award is binding on both the parties in the dispute and is also enforceable in the courts. The award given is of the same value as that of the judgment given by the civil courts.
Arbitration basically means the proceeding in which a dispute is resolved by an impartial adjudicator, whose decision will be binding on the parties to the dispute. 

TYPES OF ARBITRATION:
     ●      Voluntary Arbitration 
It implies that two contending parties, unable to compose their differences, agree to submit their conflict to an impartial authority, whose decision they are ready to accept. The enforcement of the award may not be necessary and binding. In other words, it is up to the parties’ whether they want to go with the award or not.

      Compulsory Arbitration 
It is the one where parties are required to accept the arbitration without any willingness. It leaves no strikes or lockouts; it deprives both the parties of their important and fundamental rights. Once the award has been given then the parties have to abide by it no matter what. Hence this is why it is said to be known as compulsory Arbitration. 


      Ad hoc Arbitration

When a dispute arises between two parties during the course of a commercial transaction. This arbitration is agreed to get justice for the unsettled part or portion of the dispute.  This type of arbitration is preferred by a lot of people nowadays. Ad hoc arbitration is the one which is not administered by any of the mentioned institutions like the ICC, LCIA, DIAC or DIFC. The parties, therefore, have to determine various aspects of arbitration themselves. It is preferable to specify the place or 'seat' of the arbitration as well since this will have a significant impact on several important issues such as the procedural laws governing the arbitration and also the enforceability of the arbitral award. 

      Institutional Arbitration
There is a prior agreement between the parties that in the case of future differences or dispute arising between the parties during their commercial transactions that such differences or dispute will be settled by arbitration as per the clauses provided in the agreement or the contract of the two parties. Every institution has its own rules set which provides a framework for the arbitration procedure, and its own form of administration to help in the process. In an institutional form of arbitration, the arbitration agreement designates an arbitral institution to administer the arbitration process.

      Statutory Arbitration

It is mandatory arbitration which is imposed on the parties by the operation of law. In such cases, the parties in the dispute have no option as such but to abide by the law of the land. The Statutory Arbitration is the arbitration which is conducted in accordance with the provision of some special Acts which provide for arbitration in respect of disputes arising on matters covered in those Acts.

      Domestic Arbitration and International Arbitration
Arbitration which occurs in India and happens all over India is termed as domestic arbitration. In this type of arbitration, the dispute takes place in India and the parties to the dispute are also Indian citizens and the award is also given in India, in accordance with the Indian laws. An arbitration in which one or both the parties in the dispute belongs to any country other than India and the dispute that has to be resolved will take place in any part or state of India, then it can be termed as  International arbitration.

      Foreign Arbitration

When the arbitration proceedings are conducted in a place outside India and the award is required to be enforced in India, it is termed as foreign arbitration. Foreign arbitration is often confused with international arbitration but they are not one and the same thing. This form of arbitration is usually used by foreign-based companies that have branches in India.

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