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The conventional method of dispute resolution is going to the court of law. But with time the method of delivering justice has evolved. There has been seen a massive shift in the way people now want to resolve their disputes. The methods of resolving a disputed part from approaching a court are termed as alternative dispute resolution mechanisms. A large number of people are shifting their interest towards alternative dispute resolution mechanisms for addressing their issues due to tiring and unending journey of court proceedings....
ARBITRATION: among various forms of ADR mechanisms it forms an exact alternative to the process of litigation. Under this parties to the dispute agree by way of a settlement to willfully submit their dispute to a neutral third party called arbitrator. This is a process whereby the party amicably resolves their dispute. The best thing for the parties who choose arbitration is its finality of judgments. An arbitration award is as important as a court’s decree and can be enforced by the law. The arbitrator adjudicates the disputes by way of conducting the hearings, collecting evidence, calling witnesses and delivers an award of binding nature. Arbitration can be of different types from labour, commercial, judicial to contract arbitrations.
APPOINTMENT OF ARBITRATOR AND PROCEEDINGS: parties may together agree of appointing an arbitrator or they could approach a court requesting to appoint one for them. It is not necessary that the arbitration panel should consist of a sole arbitrator but the UNCITRAL law prohibits appointing for an even number, means number could be an odd number. An arbitrator is not bound by the formal code of conduct of the courts and has a liberty of conducting the proceedings. Rules for adjudicating a dispute can be decided upon by the parties in form of a contract or otherwise. It is thus a flexible process which creates a win-win situation for the parties.
WHAT WE DO: legal processes are not so easy as it sounds and thus it is necessary to take prior legal advice in matters connected therewith. With Lawtendo it becomes easy to hire an experienced IPR law attorney in sikkim. Lawtendo is a platform which maintains lawyers with knowledge in the area and experience in solving such matters. With Lawtendo it becomes to hire the finest attorney in sikkim.