Arbitration & Dispute Resolution

Mediation and Conciliation

Domestic and International Arbitration

Enforcement of Awards in India

Enforcement of Awards outside India

The growth of global trade and the delay in the disposal of cases in courts under the formal judicial system in several countries made it crucial to have in place an Alternative Dispute Resolution system, particularly in commercial disputes. To secure the confidence of the international community and the growing volume of India’s trade and commercial relationships with the rest of the world, the Indian Parliament enacted the Arbitration and Conciliation Act of 1996 based on the UNCITRAL Model Law.
The main object of the Arbitration Act was to enable the expeditious resolution of a commercial dispute with minimum intervention by a court of law so that trade and commerce are not affected by cumbersome and protracted litigation.

All types of arbitration conducted in India are governed by Part I of the Arbitration Act, including international commercial arbitration, where the seat of arbitration is in India, (leading to a domestic award). Part II of the Arbitration Act deals with the enforcement of arbitration agreements and awards under the New York Convention and the Geneva Convention, where the seat of arbitration is outside India.
The Arbitration Act provides that in the case of an international commercial arbitration, the parties are free to decide on the substantive law governing the agreement/transaction, i.e., the parties can mutually decide to apply the law of any country of their choice to govern their commercial relationship. This choice of law will have to be followed and applied by the arbitrator(s). However, the Act clearly mentions that the conflict of laws rules of the chosen country shall not apply.

The point of using Lorem Ipsum is that it has a more-or-less normal distribution of letters, as opposed to using 'Content here, content here', making it look like readable English. Many desktop publishing packages and web page editors now use Lorem Ipsum as their default model text, and a search for 'lorem ipsum' will uncover many web sites still in their infancy. Various versions have evolved over the years, sometimes by accident, sometimes on purpose (injected humour and the like). Contrary to popular belief, Lorem Ipsum is not simply random text. It has roots in a piece of classical Latin literature from 45 BC, making it over 2000 years old. Richard McClintock, a Latin professor at Hampden-Sydney College in Virginia, looked up one of the more obscure Latin words, consectetur, from a Lorem Ipsum passage, and going through the cites of the word in classical literature, discovered the undoubtable source. Lorem Ipsum comes from sections 1.10.32 and 1.10.33 of "de Finibus Bonorum et Malorum" (The Extremes of Good and Evil) by Cicero, written in 45 BC. This book is a treatise on the theory of ethics, very popular during the Renaissance. The first line of Lorem Ipsum, "Lorem ipsum dolor sit amet..", comes from a line in section 1.10.32.