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Consult Top Arbitration and Mediation Expert Lawyer in India

monika tyagi

ADVOCATE
Exp
South Delhi , Delhi

Specialization

  • Arbitration and Mediation
  • Civil
  • Bankruptcy and Debt
  • Contracts and Agreements
  • Cyber, Internet, Information Technology
I AM AN ADVOCATE HAVING 7 YEARS OF PROFESSIONAL EXPERIENCE IN THE FILED OF CIVIL AND CRIMINAL LAW AND IS CURRENTLY PRACTISING IN ALL FORUMS INCLUDING DISTRICT COURT, HIGH COURT . I HAVE HAD THE OPPORTUNITY TO WORK ON PROPERTY DISPUTES, FAMILY MATTERS, COMPANY MATTERS ETC. View Full Profile
Total Answers Given : 1
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Anwar Zaidi

Lawyer
Exp
Mumbai suburban , Maharashtra

Specialization

  • Arbitration and Mediation
  • Adoption
  • Cheque Bounce
  • Child Custody
  • Consumer Protection
I am speciallised in resolving family issues cases, NI 138 (cheque Bounce cases, ADR, Consumer court cases, Trust and Welfare society matters, Housing Society matters. We also give legal assistance in Civil and Criminal mattera View Full Profile
Total Answers Given : 1
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Musarrat Dhanse Husain

Advocate
Exp
New Delhi , Delhi

Specialization

  • Criminal
  • Cheque Bounce
  • Divorce
  • Documentation
  • Arbitration And Mediation
she is running fidemihi law firm in Delhi where all types of services are given. View Full Profile

Markanday Singh

Advocate
Exp
Allahabad , Uttar Pradesh

Specialization

  • Criminal
  • Civil
  • Banking
  • Cheque Bounce
  • Arbitration And Mediation
Practising as a legal practitioner since ladt 10 years in allahabad high court and all tribunals located in allahabad or lucknow . I try to feel confort my client for legal issues. View Full Profile

Ramalingaiah Mulakatte

Senior Lawyer
Exp
Mumbai City , Maharashtra

Specialization

  • Arbitration and Mediation
  • Consumer Protection
  • Civil
  • Cheque Bounce
  • Documentation
Advocate/Senior legal adviser/Legal Counsel handling all types of legal matters both litigation and non-litigation and corporate legal adviser View Full Profile
Total Answers Given : 91
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Ashutosh Pathak

Advocate
Exp
Lucknow , Uttar Pradesh

Specialization

  • Criminal
  • RTI
  • Contracts And Agreements
  • Will
  • Arbitration And Mediation
Expert in criminal law and civil law View Full Profile
Total Answers Given : 17
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Kumar Karan Agrawal

Advocate
Exp
Patna , Bihar

Specialization

  • Arbitration and Mediation
  • Criminal
  • Consumer Protection
  • Divorce
  • Civil
Total Answers Given : 16
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Jayesh R Jadav

Lawyer
Exp
Kheda , Gujarat

Specialization

  • Arbitration and Mediation
  • Civil
  • Criminal
  • RTI
Respected all people of indian we care about you any legal quairy i help all of you View Full Profile
Total Answers Given : 14
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Deepak Panjwani

Advocate
Exp
Jabalpur , Madhya Pradesh

Specialization

  • Civil
  • Aviation
  • Administrative Law
  • Government Contracts
  • Arbitration And Mediation
Total Answers Given : 4
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Swaroopa Desai

Attorney
Exp
Mumbai suburban , Maharashtra

Specialization

  • Intellectual Property, Copyright, Patent, Trademar
  • Media, Communication, Entertainment
  • Will
  • Documentation
  • Arbitration And Mediation
Adv. Desai is a practicing Patent Attorney in Mumbai. Besides, she is an IPR consultant and advices on matters related to trademarks, copyright, designs, etc. She is also registered with the Bar council of Maharashtra & Goa. She currently practices at the Bombay High court. View Full Profile
Total Answers Given : 3
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  • What is Arbitration law?
  • What is Mediation law?
  • How are Arbitration and Mediation different?
  • Can meditator become an arbitrator?
  • What are laws relating to it in India?

Traditional litigation requires a lot of time and procedural formality to be followed for coming into a conclusion. At times, the person who wins a case realises that he has actually won a pyrrhic victory. That’s why the concept of Alternate Dispute Resolution is gaining prominence. Arbitration and Mediation are two forms of Alternate Dispute Resolution.

Arbitration in India:


The governing law for Arbitration in India is the Arbitration & Conciliation Act 1996. It is heavily influenced by the UNCITRAL Arbitration Rules 1976 & the 1985 UNICITRAL Model Law on International Commercial Arbitration, provisions of the Indian Oath’s Act 1969 are also attracted.
There are certain features which distinguish arbitration from traditional litigation. Some of the features are-

  • Role of the Courts have been minimised, their role is to refer parties to arbitration in presence of an arbitration agreement and for providing interim reliefs, and for the appointment of an arbitrator
  • Section 11 of the Arbitration & Conciliation Act, 1996 deals with the appointment of arbitrators and in the case of S.B.P & Co. the Supreme Court held the function under Section 11 to be of a judicial nature.
  • ‘Arbitrators are masters of their own procedure’, they have the power of guiding their proceedings in the way they deem fit. Code of Civil Procedure, Evidence Act are not binding on the arbitration proceedings
  • Supreme Court in the case of ‘TDM Infrastructure (P) Ltd. v. UE Development India (P) Ltd’ observed that companies incorporated in India have to make Indian law as the principal law of the arbitration proceedings.
  • As per the case of Renu Sagar Power Co. Ltd v. General Electric Co., an award which is contrary to the public policy of India cannot be enforced in India and can be set aside.

Mediation in India:


  • Mediation if a type of ADR mechanism which is spoken of in Section 89 of the Code of Civil Procedure, 1908 as well.
  • Procedures for mediation are to be the ones that are prescribed by the Court
  • Confidentiality is upheld in Mediation proceedings
  • Mediator, unlike an arbitrator, does not have the powers of giving a binding decision on the parties involved in the dispute.
  • Mediation completes with an agreement between the concerned parties
  • Mediation refers to interactive procedure of apt negotiation techniques being involved with the aim of assisting the parties at concluding to the best solution for their dispute.

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