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Consult Top Arbitration and Mediation Expert Lawyer in India

Lokesh Jha

Lawyer at Bhopal District Court
Exp
Bhopal , Madhya Pradesh

Specialization

  • Civil
  • Commercial
  • Contracts And Agreements
  • Documentation
  • Arbitration And Mediation
The name is more than sufficient to understand the concept of my working in Court, you will always get positive. View Full Profile

Mohmad ali Panjwani

lawyer
Exp
Thane , Maharashtra

Specialization

  • Criminal
  • Arbitration And Mediation
Advice & Represent Client's in Criminal & Civil Litigation & other legal Proceedings, Draw up legal documents, such as law suits, Appeals, Wills, Contracts & Deeds. View Full Profile

Ashwini Kumar Singh

Advocate
Exp
South Delhi , Delhi

Specialization

  • Bankruptcy And Debt
  • Commercial
  • Contracts And Agreements
  • Documentation
  • Arbitration And Mediation
A litigation lawyer based in Delhi, having almost 6 years of experience. View Full Profile

Sudip Chatterjee

Practicing Advocate
Exp
Kolkata , West Bengal

Specialization

  • Real Estate
  • Property
  • Child Custody
  • Cheque Bounce
  • Arbitration And Mediation
I am an experienced and skilled advocate specialising in civil and property cases. I also look after criminal matters. I ensure that my client gets proper legal justice deserved by them. View Full Profile

Raj Vikram Singh

Advocate
Exp
Lucknow , Uttar Pradesh

Specialization

  • Civil
  • Commercial
  • Banking
  • Bankruptcy And Debt
  • Arbitration And Mediation
I have vast knowledge and experience in all kinds of legal matters and I have been pleading the case before Supreme court to civil court since 10 years. Perfection and hard work with honesty is my theme. View Full Profile

al rafeeq moideen

Legal Professional
Exp
Bangalore , Karnataka

Specialization

  • Contracts and Agreements
  • Child Custody
  • Commercial
  • Cyber, Internet, Information Technology
  • Arbitration And Mediation
I have experience in dealing with a wide variety of cases and I can provide trustworthy advises to my clients. I would keep my brief highly confidential and you can use my experise for resolution of your problems. View Full Profile

Santhana Krishnan

Advocate
Exp
Coimbatore , Tamil Nadu

Specialization

  • Civil
  • Adoption
  • Animal Laws
  • Banking
  • Arbitration And Mediation
Advocate Santhana Krishnan is a full-service law firm based in Coimbatore, with expertise in personal legal services including family, divorce, property, wills and estate, and personal injury law. Personal and business clients throughout Tamilnadu . View Full Profile

K S N RAJESH

Lawyer
Exp
Dakshina Kannada , Karnataka

Specialization

  • Arbitration and Mediation
  • Commercial
  • Documentation
  • Intellectual Property, Copyright, Patent, Trademark
Practicing in Arbitration and Mediation, Civil, Criminal and Family Law. Panel Advocate For 13 Banks, NMPT, Special Public Prosecutor, Karnataka Lokayukta, D.K. District. View Full Profile

SHASHIKANT SONKAR

Advocate
Exp
Bilaspur , Chhattisgarh

Specialization

  • Criminal
  • Mergers And Acquisition
  • Documentation
  • Administrative Law
  • Arbitration And Mediation
Criminal, Civil, Cheque bounce, Motor Accident , Service Matter Cases , And legal consultant View Full Profile

NAGARAJ SUBRAMANIAN

ADVOCATE
Exp
South Delhi , Delhi

Specialization

  • Bankruptcy and Debt
  • Banking
  • Tax-Income Tax
  • Tax-Service Tax
  • Arbitration And Mediation
1.USA TAX Consultation 2. Indian Income Tax Consultation 3. Authority of Advan Rulings Litigation and Consultation 4. Income Tax Litigation 5. USA Estate Tax Litigation View Full Profile
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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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