Sunday, August 3, 2008

Arbitral Institutions

I came across and Article in Economic Times (dated August 2nd) which gives an insight of the present situation existing in Arbitration in India giving emphasis on Institutional Arbitration. The column limits the discussion to commercial arbitration but emphasizes the need for institutionalizing Arbitration and making India a point of destination for ADR's. It also identifies the problems associated with the litigation process in India and also the delay in Arbitral proceedings...

We can extend this idea to making ADR workable to the common people by having an institutionalized setup . Similarly the suggestion of having a different piece of legislation for domestic arbitration and international arbitration (treated together as per the present law) works fine as both needs differential treatment. Giving scope for having ADR institutes in various places within the country will be a noteworthy step for achieving the goals of ADR ie. speedy,appropriate dispute resolution leading to a litigation free state.

http://economictimes.indiatimes.com/Opinion/Guest_Writer/For_a_credible_arbitral_institution/articleshow/3317353.cms

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