Tuesday, October 7, 2008

Arbitration and ADR

There has always been a school of thought who believe that Arbitration does not form a part of the ADR mechanisms. Arbitration is said to have evolved sui generis because of its distinction with other forms of ADR viz Mediation, Conciliation etc. Arbitration is similar to a court on the aspect of its binding nature and the procedure involved in challenging a final arbitral award... Unlike mediation and conciliation its impossible or very difficult to challenge the appointment of an arbitrator.... the uniqueness of Arbitration arises because of finality of the question involved and binding nature,,,,,,, However it has to be kept in mind that Arbitration like Mediation and Conciliation are only alternative to the court system as seen by the common terminology used Alternate Dispute Resolution (ADR).......... As long as the normal court system exists and enjoys wide acceptance, Arbitration like any other ADR's are treated on common terms.......