Arbitration & Alternate Dispute Resolution
Initially, the only option was to file a lawsuit, but subsequently, it became clear that there must be a better, more practical, and more affordable method to settle conflicts of all magnitudes across the realm of commercial laws. Because they do not want to drag out judicial processes and reveal their issues to the public, which might harm their reputation, most companies choose alternative means of discretely settling disputes. Alternative Dispute Resolution (ADR) is a method of resolving conflicts without going to court. It reduces the load on the court, is time and money efficient, and both. The ADR processes also include mediation, conciliation, negotiation, and Lok Adalat in addition to arbitration. Arbitration continues to be the major method of resolving disputes in cross-border business and transactions, with a foreign seat as per institutional regulations.
- Advising the clients during the negotiation/mediation process.
- Advising on the selection of arbitrator/third-party.
- Assisting and representing the clients in the proceedings.
- Assisting in enforcing arbitral awards and recourse against them as well.
- Drafting the arbitration agreement.
Parties need the assistance of specialised full-time ADR teams to implement this rigorous deadline effectively. We are aware of the need and have assembled a team that is dedicated to this procedure. We provide an innovative, proactive approach to litigation management to promote negotiated settlements. Our lawyers have extensive expertise in both local and international arbitration, offline and online mediation, and other kinds of ADR. Our attorneys are well known as experts in all areas of general and specialisedpractise, including finance, commerce, contractual, building, construction, domain name disputes, online dispute resolution, industry-related disputes, and employment-related disputes. They have participated as counsel and arbitrators in high-stakes arbitrations. Given a large pool of human resources, the firm can quickly put together teams of specialists with industry-specific knowledge to suit client needs and handle complicated arbitration cases both domestically and internationally.
Yes, but it's difficult and might not be a good idea. Although many professional neutrals (the arbitrator or mediator) do not encourage setting up a situation in which one neutral performs both responsibilities, disputing parties may select what is frequently referred to as "binding mediation." In "med/arb," the mediator makes the first effort to assist the parties in resolving their disagreement with the parties' cooperation. The parties concur that if this attempt is unsuccessful, the mediator may then serve as an arbitrator and issue a decision. In "arb/med," the neutral initially serves as an arbitrator who, after reviewing the testimony, makes a confidential decision. The parties then make an effort to resolve the dispute with the mediator's assistance. If they fall short, the award is made public and the parties are required to abide by it.
An institutional arbitration is one in which, in accordance with the institution's regulations, a specialised institution with a permanent nature intervenes and takes on the duties of supporting and overseeing the arbitral process. It is important to keep in mind that these organisations do not arbitrate disputes; instead, arbitrators do so. As a result, the name "arbitration institution" is unsuitable, and only the institution's regulations are applicable. Ad hoc arbitration, on the other hand, is one that is not managed by an institution. As a result, the parties must decide all aspects of the arbitration, including the number of arbitrators, how they will be chosen, how the arbitration will be conducted, etc.
ODR entails employing approved ADR procedures in an online setting to settle disputes. It is the ADR's contemporary equivalent and refers to using technology to settle disputes outside of court via the use of a variety of processes, including negotiation, arbitration, conciliation, mediation, or a combination of these (together referred to as the "ADR Process"). ODR is the conduct of the ADR Process in an online setting, not a different process. As a result, the legislation not only authorises ODR but has also received widespread support from the Indian judiciary, the government, and commercialorganisations.
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As one of Rajasthan’s boutique law firm, we help our clients grow, innovate and thrive. For over a period of two years, we have built a reputation for our expertise, specialised solutions and the ability to think ahead. We find the most relevant and highly tailored solutions to our clients’ composite legal challenges.
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