Alternate Dispute Resolution
Alternative Dispute Resolution (ADR) – It is a mechanism to help resolve disputes between parties outside the Court through process such as Arbitration, Conciliation, Mediation and Negotiation.
It an emerging field of law, where parties can settle disputes:
- Faster – without engaging with Courts and directly with court appointed Arbitrators in a timesaving process.
- Confidentially – ADR mechanism ensures that parties’ private disputes shall remain private.
Different types of ADR:
- Arbitration – In India, the law governing Arbitration is The Arbitration & Conciliation Act, 1996, which has been amended now by the Arbitration and Conciliation Amendment Act, 2015. It provides for appointment of arbitrators for a dispute, and enforcement or challenge of the Arbitration Agreement or Arbitral Award before the courts for parties who have agreed to Arbitration.
- Conciliation – The Arbitration & Conciliation Act, 1996 ammended by the Arbitration and Conciliation Amendment Act, 2015 also provides for Conciliation, which is much more informal than Arbitration. It allows parties to request for Conciliation and appointment of a conciliator at any time of judicial proceedings.
- Mediation – In Mediation, a negotiation occurs between the parties with the help of a mediator who is a third party to them. The main object of undergoing Mediation proceeding is to protect the best interest of the parties.
The services provided under arbitration are:
- Advise on arbitration related laws and procedures of Arbitration Act in India and UNCITRAL Law & ICA Rules for the conduct of arbitration
- Advise on the choice of venue, substantive & procedural laws to be adopted for arbitration in case of International Commercial Arbitration
- Conduct of arbitration mediation and conciliation for the resolution of disputes relating to various disciplines such as Family, Banking & Finance, Insurance, Intellectual Property Laws, Entertainment & Media, Information Technology etc service
- Drafting of arbitration agreements and clauses for clients
- Handling arbitration cases before arbitration tribunals or Courts
- Appointment of Arbitrator through the Courts
- Appear before the High Court for arbitration petitions
- Enforcement and challenge of arbitral awards
- Stay of proceedings brought in breach of arbitration clauses and any interim relief
- Conducting Lok Adalats with concerned legal services authorities
We provide our legal services in this field.