Arbitration and Conciliation

Описание: In this informative video, Kapil Balhara from Global Demos delves into the world of Alternative Dispute Resolution (ADR) in India, focusing on Arbitration and Conciliation as prominent methods.

🏛️ Dispute Resolution Methods: Courts vs. ADR 🤝 Learn about the key differences between traditional court systems and ADR methods, including Arbitration, Conciliation, Mediation, and more. Discover how ADR offers unique advantages in resolving conflicts.

💡 Nature of ADR: Binding, Non-Binding, Voluntary, and Mandatory 💡 Understand the various characteristics of ADR processes, ranging from their enforceability to the voluntary or mandatory nature of their participation.

📜 Historical Roots of ADR in India 🇮🇳 Explore the origins of ADR practices in India and how they have evolved over time.

⚖️ THE OBJECT OF THE ENACTMENT ⚖️

Delve into the Arbitration and Conciliation Act of 1996 and its primary objectives in facilitating efficient and reliable dispute resolution.

🌐 Harmonizing with the UNCITRAL Model Law 🌐 Discover how India's arbitration law aligns with the internationally recognized UNCITRAL Model Law on International Commercial Arbitration.

📚 SALIENT PROVISIONS OF THE ACT 📚

Explore the key provisions of the Arbitration and Conciliation Act, their applicability in India and Jammu and Kashmir, and how they impact international commercial arbitration.

🔍 ARBITRATION 🔍

Dive into Section 2 of the Act, grasping the vital definitions and distinctions between domestic and foreign awards.

🗣️ Communication Process during Arbitral Proceedings 🗣️ Learn about the communication protocols essential for the smooth conduct of arbitral proceedings.

🙅 Waiving the Right to Object 🙅 Understand the consequences of non-compliance with an arbitration agreement and the limited judicial intervention in arbitration.

⚖️ Composition of Arbitral Tribunal ⚖️ Get insights into the number of arbitrators, their appointment, and the grounds for challenging an arbitrator's role.

🏛️ Jurisdiction of Arbitral Tribunals 🏛️ Explore Chapter III, Section 16, empowering arbitral tribunals to decide on jurisdiction and the procedures for raising jurisdiction challenges.

💼 Conduct of Arbitral Proceedings 💼 Discover the rules and procedures guiding arbitral proceedings, ensuring equal treatment and fair chances for all parties involved.

🏆 Making of Arbitral Award and Termination of Proceedings 🏆 Learn about the duty to encourage settlement, the form and contents of the arbitral award, and the finality of settlements reached through the tribunal.

⚖️ Recourse against Arbitral Award ⚖️ Explore Chapter VII, Section 34, and the grounds for challenging arbitral awards while promoting fair and final arbitration outcomes.

🌍 FOREIGN AWARD 🌍

Understand Part II of the Act, focusing on enforcing foreign awards under the New York Convention.

🏆 CONCILIATION 🏆

Learn about the definition, purpose, and scope of conciliation in the Act, and how it complements arbitration in resolving disputes.

✅ CONCLUSION ✅

Discover the advantages of ADR over traditional court-based systems, its popularity in the Indian legal system, and the challenges it faces. Find out how ADR provides practical, cost-effective, and confidential solutions.

🔑 KEYWORDS 🔑

ADR, Arbitration, Arbitrator, International Commercial Arbitration, Arbitration agreement, Arbitral Award, Domestic Arbitration, Conciliation, Conciliator, Mediation, Mediator, judicial settlement, Lok Adalat, Family Court, and more.

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‪@kapilbalhara‬ ‪@GlobalDemos‬

#arbitration #conciliation #adr