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Arbitration & Dispute Resolution
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The increasing international trade arrangements resulted in increasing commercial disputes.
The Indian Judicial System has been over burdened with the pending cases resulting in delay in the disposal of cases in courts under the judicial system. The situation called for enacting an Alternative Dispute Resolution System, mainly in commercial disputes in order to regain the confidence of the international community.
Accordingly, the Indian Parliament enacted the Arbitration and Conciliation Act of 1996 based on the UNCITRAL Model Law.
The main object of the Arbitration Act is to facilitate an expeditious resolution of a commercial dispute with least interference by the court. Arbitrations conducted in India are governed by the Arbitration & Conciliation Act, 1996, including international commercial arbitration, where the seat of arbitration is in India. The Arbitration Act also deals with the enforcement of arbitration agreements and awards under the New York Convention and the Geneva Convention, where the seat of arbitration is outside India.
The Arbitration Act provides that in the case of an international commercial arbitration, the parties are free to choose on the substantive and procedural law governing the agreement/contract. The parties can jointly choose to apply the law of any country of their choice to govern their contractual relationship. This choice of law will have to be followed and applied by the arbitrator(s). However, the Act clearly mentions that the conflict of laws rules of the chosen country shall not apply.
Our firm is consecrated with the leadership, foresightedness and guidance of Hon'ble Mr. Justice R. C. Chopra (Retd). He is one of the most sought after arbitrators in India, conducting arbitrations for several Leading Private companies, State Owned Groups and Public Sector Undertakings, nationally and internationally.