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CONSULT THE BEST ARBITRATION LAWYERS IN UPARHALI, KAMRUP

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Lawyers for Arbitration in Uparhali, Kamrup

The country like uparhali, kamrup, with a population around 1.38 billion which left only China above it in the world. This huge population in a society leads to more disputes between peoples as they file cases in the court for the resolution of those disputes. However, the courts are not in position to settle the issue on time. As a result, over the past few years, it can be seen in gradual rise in the pending court cases, straining the country's already overburdened judicial system. This is clearly indicated towards a new approach for an alternative dispute resolution (ADR) process as Arbitration mechanism. The Arbitration mechanism has a huge impact on the uparhali, kamrupn economy and speedy resolution of dispute.

The need for a new approach not only helps in speeding up the dispute resolution, but also helps in having a strong in-country mechanism for out of court dispute resolution. The mechanism of ADR is practiced in the forms of arbitration, negotiation, conciliation, mediation and judicial settlement under section 89 of the code of civil procedure,1908. Though, this article focuses on different aspects of the arbitration process which is a more effective form of alternative dispute resolution. Broadly, in arbitration, appoint an independent person to act as arbitrator, hear evidence and make a decision. Arbitration is much similar with the court process, where both parties provide testimony and given evidence, as in a trial. However, it is usually less formal in comparison to the court proceeding.

What is arbitration?

Arbitration is a method used for settling a dispute without following the formal civil procedure in a court and even not going to court. Arbitration only comes into picture when two parties agree to insert a written arbitration clause in the contract or sign an arbitration agreement to arbitrate a dispute, either before or after a legal dispute comes up between them. The dispute resolution in arbitration follows the similar procedure of civil court trial. However, the parties have some rights such as:

  1. Both the parties have the right to choose any person as arbitrator (judge) as per rule lead under the law.

  2. The parties have the right to decide on the place of seat as well as date and time for further proceeding.

  3. The parties have the right to fix their own set of rules for the proceeding of the arbitration.

Development of arbitration law in uparhali, kamrup: The concept of arbitration is not new to uparhali, kamrupn people. The trach of this process is even prior to the advent of the British rule. The ‘panchayat’ in the village works on the similar concept of arbitration process to settle disputes arising in the people of the village. It shows the familiarity of uparhali, kamrupn society toward arbitration mechanism which later on helps in introduction of laws governing the arbitration law in uparhali, kamrup. The first law was passed by the British as the Arbitration Act, 1899 to codify the arbitration law. Thereafter, the law to arbitration process had various amendments and different enactments in it. In the present time rules and regulation related to the arbitration law were governed under The Arbitration and Conciliation Act 1996. This act is application on both the foreign award and domestic award as recently held by the Supreme Court in BALCO case.

Benefit of Arbitrations: In arbitration the process is much similar to the courtroom process, but there are various distinguishing benefits that help the parties to adopt arbitration for the resolution of their dispute, other than the judicial proceeding. Such benefits are:

Speedy trial: Once the arbitration penal or tribunal constitutes all the hearing and proceeding will be completed within a limited period of time. As the party can save time by choosing arbitration for dispute resolution.    

Freedom to choose arbitrators: 

The parties can select an arbitrator who is neutral to the parties and has the experience in the area of dispute involved for settlement through arbitration.

Neutrality: In selecting a place for the arbitration which is neutral and independent of the party’s nationalities. As the venue determines which court has territorial jurisdiction over the arbitration. Therefore, selecting a neutral venue gives equal treatment before law to both the parties.

Flexibility: In arbitration parties have the opportunity to agree to the procedures that they want to apply to their arbitration. It provides the parties with the flexibility to choose the procedure which helps them to resolve their dispute.

Confidentiality: In this method all the proceedings were held in private. Further, both parties sign the non-disclosure agreement. As all the discussion will remain confidential between themselves.

Finality: At the end of the arbitration process the award passed by the arbitrator is final and one can only challenge it on the ground of violation of the principle of natural justice through appeal in court. This means the enforcement of awards is faster for the winning party in arbitration.

How to register for arbitration

In any dispute the parties are the main authority for the settlement through the arbitration process. To get the registration of arbitration mechanism under alternative dispute resolution, simply parties agree to enter into a valid arbitration clause or arbitration agreement in case of conflict that would be sought to be resolved by a third party (arbitrator).

Process of Arbitration

Starting of Arbitration: Any party to an arbitration agreement can start an arbitration. The claimant usually sent a notice of arbitration[3] to the other party for resolution of dispute. On receiving the notice, the person should confirm the issue and respond to his answer within a certain time. If an arbitrator has already been decided by them in that case a notice must be sent to the arbitrator.

Appointment of arbitrator: the process for selecting an arbitrator depends upon the terms and conditions mentioned in the contract agreed by all parties. if the party fails to choose an arbitrator, the court may appoint in that case.

Hearing proceeding: In the first meeting after the appointment of the arbitrator, both parties discuss and highlight their dispute in front of the arbitrator. The parties will decide on the rule and procedure to regulate the hearing of witnesses, evidence is given and schedule of all the events of the arbitration hearing.   

Award of arbitrator: After the arbitration proceedings commence, there are formal hearings and written proceedings. The arbitrator after considers all of the evidence and makes a decision, by notifying the parties usually in 30-90 days, such decision is final and binding. However, the decision of an arbitrator may be appealed to an appellate court of law or the Supreme court.

Fee and cost of arbitration: both the party will pay all the cost and fee of arbitration proceeding spend on the resolution of dispute. The fee of the arbitrator has to be paid by both the parties mutually.

Minimum Requirement to commence arbitration: In general, the process of commencement of arbitration mechanism required a valid arbitration agreement or arbitration clause in the contract, thereafter the consent of both the parties is must to settle their dispute through the arbitration process. The arbitrator shall be appointed according to the rule mentioned in the act.

Documents Required: The arbitration process has much similarity with courtroom trial but it is less formal in nature. The important documents required in the arbitration were dependent on both parties. As the arbitration agreement or arbitration clause in the contract acts as a guiding principle, mention all the requirements of the document for the commencement of arbitration.

How Lawtendo Helps in the process

Lawtendo will help you to connect with a pool of around 15000+ lawyers across. The lawyer had expert knowledge in the field of arbitration process and was easy to connect with them form the online platform provided by Lawtendo. Along with the advice, Lawtendo also helps in preparing legal drafts of arbitration agreements and presenting the case in front of the arbitrator and all the other legal assistance. Further the cost efficiency of resolving disputes in arbitration mechanism is very beneficial for the client.

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