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Discussion > Business Law > Arbitration > Is arbitration proceedings is costly in india.   Unanswered Threads Post New Topic

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There are 6 Replies to this message


Adv. Sagar R. Jadhav


Proprietor
[ Scorecard : 71]
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Posted On 28 February 2012 at 12:46 Report Abuse

 

Recently Government proposed to amend Arbitration & Concilliation Act, 1996 1996 regarding Arbitrator not to charge fee on the basis of per sitting unless agreed to by the parties.

What's your opinion on this? 



Member (Account Deleted)


None
[ Scorecard : 5012]
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Posted On 29 February 2012 at 22:03

can you upload the proposed amendment bill?


Advocate Bhartesh goyal


advocate
[ Scorecard : 5321]
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Posted On 01 March 2012 at 16:14

Sagar, you are very right  though  proceedings before Arbitrator saves the court fees but arbitrators  per hearing fee makes litigation very costly. 


Adv. Sagar R. Jadhav


Proprietor
[ Scorecard : 71]
PRO CHAT CALL
Posted On 02 March 2012 at 11:40

Yes Goyal Sir, I appreciate with you, the status of arbitration hearings is fastly growing in India and its effect reflects on fees of Arbitrators, but lastly have to pay by client. 


PS Dhingra, dcgroup1962@gmail.


Principal Consultant
[ Scorecard : 24769]
PRO CHAT CALL
Posted On 02 April 2012 at 17:14

In fact arbitration process is both the cost saving as well as time saving for both the parties, as compared to any court litigation.


Advocate Bhartesh goyal


advocate
[ Scorecard : 5321]
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Posted On 02 April 2012 at 18:23

It is true that object to initiate Arbitration proceedin was to save the cost and time of litigation but  Arbitrators per hearing fee makes the proceedings very costly.


rajasekaran


director
[ Scorecard : 105]
PRO CHAT CALL
Posted On 17 April 2012 at 10:25

The Arbitrator fee and the number of hearings with duration for each has to be broadly considerd by Court while appointment of arbitrator itself. 

Also in the propsed amendments section 80 of AC Act 1996  there is a bar for the concilator to act as arbitrator and needs to be considered for amended. In fact to minimize the cost of litgation in the US and eupore, the law provides for the concilator to arbitrate and resolve the dispute.

 

Many countries have moved forward from Model  Law  adopted  by  the  United  Nations  Commission  on International Trade Law (UNCITRAL) in 1985.

 Many of the Alternate Dispute Redressal forums provide for same members to concilate and arbitrate to reduce cost of litigation.  

The post award legal mechanism is time consuming and costly as well with no immediate relief to the awardee.




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