Alternative Disputes Resolution in India
The Indian Arbitration and Conciliation Act, 1996 is the main legislation on Alternative Disputes Resolution in India. The most striking feature of this legislation is that it seeks to give finality to Arbitral Awards as its Section 34 lays down very limited technical grounds for challenging Arbitral Awards. This Act has dramatically enhanced the importance of Arbitration as an effective, quick and efficient Alternative Disputes Resolution mechanism. Under the earlier Indian Arbitration Act, 1942, on account of large number of grounds being made available for assailing Arbitral awards, Arbitration was often referred to as a “Pre Litigation Litigation.”
The present Indian Arbitration and Conciliation Act, 1996, based on the UNCITRAL model, have elaborate provisions on International Commercial Arbitration – Ad-Hoc as well as Institutional, held in or outside India. Under the scheme of the Act, Arbitral Awards are enforceable as if such awards were the decrees of the Courts in India. The almost ‘90% finality’ of such Arbitral Awards is reflected in Section 34, which provides very limited technical grounds for challenging Arbitral Awards. Though the Supreme Court of India in ONGC Ltd. Vs. Saw Pipes Ltd, (2003) 5 SCC 705, has enlarged the scope of ‘Public Policy’ as a ground for challenging Arbitral Awards, the previous Judgment of a larger Bench in Renusagar Power Co. Ltd. Vs. General Electric Co., 1994 Supp (I) SCC 644, would arguably have a prevailing effect and hence, the position of very limited grounds for challenging International Commercial Arbitration Awards remains more or less unchanged.
In India, though most of the Arbitrations are Ad-Hoc in nature, Institutional Arbitration has picked up quite recently thanks to Institutional Arbitral Bodies like the Indian Council of Arbitration (‘ICA’), Indian Council for Alternate Disputes Resolution (‘ICADR’) etc.
CLG ADR Practice
CLG’s Attorneys are actively involved in pioneering Alternative Disputes Resolution mechanisms and, together with our experienced mediators, offer a strong complement to our litigation team and services. Our Alternative Disputes Resolution Services for our local and international clients encompasses the following professional services:-
- Strategizing and drafting Alternative Disputes Resolution Clauses for commercial transactions
- Settlement and negotiation as a part of mediation and conciliation proceedings
- Professional Services as Mediators, Conciliators and Arbitrators
- Drafting, vetting required pleadings (Claims, Counter Claims, Replies, Rejoinders etc.) and position documents for mediation, conciliation and Arbitration
- Representing Clients in commercial Arbitrations (Domestic as well as International Commercial Arbitrations)
- Execution and enforcement of Arbitral Awards throughout India
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