Student at ICFAI Law School, Hyderabad, India
As the world grows more interconnected, disagreement occur that call for effective and specialised dispute resolution techniques. This report focuses on arbitration, a private process for resolving disputes in which impartial arbitrators often experts in the field make decision. we examine the fundamental dynamics of the arbitral tribunal along with all the various advantaged a party gains while going ahead with arbitration as their dispute resolution mechanism. In India, arbitration proceedings are governed by the Arbitration and Conciliation Act, 1996 and the subsequent amendments. The report begins by defining the nature of arbitral tribunals and discusses their composition and the process for appointment of arbitrators, highlighting both party autonomy and judicial safeguards. It then analyses the extensive powers of arbitrators, such as granting interim measures, appointing experts, ruling on jurisdiction, proceeding ex - parte, and issuing binding arbitral awards. In parallel, it outlines the duties that ensure fairness, impartiality, confidentiality, procedural autonomy, and the integrity of the arbitral process. A critical part of the report addresses the institutional challenges that continue to undermine the growth of arbitration in India. Finally, the report offers actionable recommendations In doing so, it aims to contribute to the evolving discourse on alternative dispute resolution and support India’s ambition to become a global hub for arbitration.
Research Paper
International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 4276 - 4289
DOI: https://doij.org/10.10000/IJLMH.1110364This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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