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advchennai (Advocate)     30 April 2009

arbitration as dispute resolution

kindly let me know...why in india arbitration is not used on a large scale for resolving the disputes...why arbitration is not given much weightage in india 



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 3 Replies

Manasi Save (Legal Practioner)     30 April 2009

In India this a new and still rising trend, many a times parties are not aware of it and some times even lawyers. Furthermore the decision (Award) given by the Arbitrator does not have a binding  effect as a decree of the Court. But this is ceratinly one of the Best Practice which can be utilised to provide remedies to the parties and also lower the piling burdens on the Courts.  

Swami Sadashiva Brahmendra Sar (Nil)     30 April 2009

manasi is right. however, egoistic and harrasing attitude of indian society is also a factor for not going to arbitration.

jayaveladvocate (Lawyer)     18 May 2009

Without the binding force an arbitral award is childish play involving very huge resources. Please make clear yourself from Bare Act and pointblank provisions in there


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