Q: What are the advantages of ADR System ?

Ans: Following are the importance or advantages of ADR System: 

1. Non restriction of time.

2. Less costly .

3. Resolution possible privately. 

4. Quick settlement .

5. Flexible.

6. Freedom of parties .

7. Can  be used without lawyer.

8. Reduction of work load .

9. Parties can choose the specialists.

SIP FFN WSC

Comments

Post a Comment

Popular posts from this blog

Q: How does rule 13 of national legal services authority rules, 1995 differs from section 13 of legal services authority act, 1987 ?

Ans: Rule 13 of National Legal Services Authority Rules, 1995 holds that a person shall not be qualified to be included in the Lok Adalat unless he is-    (a) a member of legal profession; or (b) a person of repute who is especially interested in the implementation of the Legal Services Schemes and Programmes; or (c) an eminent social worker who is engaged in the upliftrment of the weaker sections of the people, including the Scheduled Castes, the Scheduled Tibes, women, children, rural and urban labour. However, Section 19 of legal services authority act, 1987 further provides that the experience and qualifications of other persons as mentioned earlier for Lok Adalats other than those who are to be prescribed by the Central Government in consultation with Chief Justice of the Supreme Court 19(3) , shall be such as may be prescribed by the State Govcrnment in consultation with the Chief Justice of the High Court 19(4). According to section 19(2) of legal services ...
Read more

Q: Can a party to an arbitration agreement appoint a sole arbitrator on his own and impose it on the other party?

Ans: While it is possible for a party to a dispute to appoint a sole arbitrator, there must be an agreement between the parties to do so and the procedure prescribed by it must be followed. Thus, a party cannot appoint a sole arbitrator and impose the appointment on the other party if the agreed procedure is not followed.  Each party shall appoint one arbitrator . The two arbitrators thus appointed shall choose the third arbitrator who will act as the presiding arbitrator. Thus, there must be minimum 3 arbitrators in arbitration tribunal. 
Read more

Q: What is Foreign Arbitration ?

Ans: Foreign awards are granted in foreign countries for any dispute referred to arbitration in international cases and are enforceable in India under the Act. It is divided into two chapters under the Act: The New York Convention The Geneva Convention    When both of the parties are foreigners they have mutually agreed to follow rules of a foreign land through arbitration while dealing with legal disputes, it is called foreign arbitration. In such cases, regardless of whether the arbitration takes place in India or or in the other country, foreign arbitration laws are followed. In such arbitration, a "foreign award" is sought to be enforced. For India, when an arbitration proceeding is conducted in a place outside India, it is called foreign arbitration.  Section 44: Foreign award for geneva convention. Foreign award is given in international commercial arbitration.  Section 2(1)(f) and Artilcle 51(d): International Arbitration. 
Read more