The Indian Arbitration & Conciliation Act of 1996 is known as the governing arbitration statute in India. This act is inspired by the Model Law on International Commercial Arbitration that was adopted in 1985 by the United Nations Commission on the International Trade Law (UNCITRAL). Before its enactment, the arbitration provisions encompassed three different legislations: the Arbitration Act of 1940, the Arbitration (Protocol and Convention) Act of 1937, and the Foreign Awards (Recognition and Enforcement) Act of 1961. The Indian Arbitration & Conciliation Act of 1996 has not just replaced the 1940 Arbitration Act but also supersedes the Acts of 1937 and 1961.
In the arbitration process, the individual entrusted with overseeing the process is called an arbitrator, whose appointment is done according to the provisions outlined in Section 11 of the Arbitration & Conciliation Act of 1996. In the same way, for the conciliation process, the entrusted individual is called a conciliator, whose appointment is done as per Section 64 of the same act. Both – the arbitrator and conciliatory work on the principles of objectivity, fairness, and justice. Every time, they execute their work in a manner that is deemed fair and appropriate. Also, both of them have the responsibility of settling the dispute between the involved parties.
Corpsage Legal LLP is the best law firm for those who want to stay out of court and settle a legal dispute. With our expertise in the domain of arbitration & conciliation, most litigants can expect the following advantages by taking our services:
At Corpsage Legal LLP, we provide a large number of services under the Indian Arbitration & Conciliation Act 1996. These services are:
For these services, Corpsage Legal LLP supports its clients with an Arbitration Lawyer in Noida, a Conciliation Lawyer in Noida, and a Commercial Lawyer in Noida, according to their legal needs. Apart from this, we also support clients with Arbitration Lawyers, Conciliation Lawyers, and/or Commercial Lawyers in other parts of India such as South Delhi, etc.
Pre-Litigation Mediation
Litigation is a term used for a legal case that is pending in the ongoing court process. Conversely, Pre-Litigation occurs prior to the commencement of court proceedings and is a voluntary initiative undertaken by both parties involved. This step is needed for resolving the disputes before they escalate into a court case. This step is followed by an assisted negotiation process.
The advantages of the Pre-Litigation Mediation process are that it saves time and money for both parties, thereby expediting the resolution process. This step is also essential for providing valuable insights into the temperament, actions, and demands of each involved party. This mediation process is facilitated by a neutral mediator who encourages open communication along with maintaining strict confidentiality. The mediator collaborates with both parties and their legal representatives with the aim of disputing the resolution without imposing any decision on any party.
The Pre-Litigation Mediation process is a beneficial one and all types of cases can go through it:
The settlement of dispute done via the Pre-Litigation Mediation is duly signed by each of the parties and submitted in the court as a formal settlement agreement, thereby both parties are legally bound to its terms.
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