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Globalisation
has expanded the arena of trade across the world. The
fast and competitive world requires quick decisions
and resolutions to keep in pace. Yet there has to be
justification and precision. As human minds and nature
is involved in trade and commerce, disputes are inevitable
albeit unfortunate aspect of business life. Most of
the disputes are resolved through amicable negotiation
or settlement.Others are constrained to approach the
concerned judicial forums, however on account of long
delay and considerable expenditure occuring in the disposal
of legal battlesthere has been tremendous movement towards
the resolution of disputes through the alternative forum
of arbitrators through which resolution
is less cumbersome. The procedure avoids the stress
of a conventional trial. It is flexible, speedy, cost
effective and convenient process in view of special
attention to a particular dispute by the particular
arbitrator(s). In
India, since ancient days settlement of disputes by
Panchayats has been a common process for resolution
of disputes in an informal manner but now arbitration
is regulated by statutory provisions promulgating the
Arbitration and Conciliation Act, 1996. That apart,
the legislators, in a recent amendment to the Code of
Civil Procedure brought in a provision under Section
89 wherein the courts have been empowered, in pending
matters before it, to find out existence of elements
of a settlement which may be acceptable to the parties,
to refer the same for resolution of disputes by an alternative
mechanisms such as Arbitration, Conciliation and Mediation.
In fact, the Courts in India, of late encourage litigants
to opt for and avail all the alternative method of
resolution of disputes empowering the arbitrators to
hold and possess the powers as that of Civil Courts
to do complete and full justice between the parties.
Therefore,
the effective alternate dispute resolution is vital
to commerce and industry. The foremost, Arbitration
plays an important role that too, an institutional Arbitration.
To achieve the objects of effective ADR Mechanism, CNICA
was formed by a non-profitable Trust viz., "TRUST
FOR ALTERNATIVE DISPUTES RESOLUTION”.
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