Arbitration And Conciliation Act In India An Overview

Arbitration, an age old concept in India, is a part of Alternate Dispute Resolution (ADR) with other popular ADR processes like Conciliation and Mediation. In India Alternate Dispute Resolution is governed by the Indian Arbitration and Conciliation Act 1996 which is created on the lines of the Model Law of the UNCITAL (United Nations Commission on International Trade Law). This article identifies certain problem areas of the Arbitration Laws of India, highlights some of the revolutionary decisions by Supreme Court and points out some of the misuses as well.
Problem areas:
Over the past decade, the lofty objective of enacting this Act stands substantially diluted due to various reasons as follows:
a.Inability of parties to exercise their rights explicitly provided under the statute
b.The overdependence on retired judges as arbitrators
c.Expansive delays
d.Considerable expense
e.Legal professionals treating arbitrations as an extension of the court proceedings and converting them to lengthy trials.
f.Exercise of appellate power under Section 34 of the Act – a virtual practice to challenge each and every award irrespective of whether it fits within the limited grounds specified in Section 34.
These render nugatory the stated intent of creating an arbitral process that is fair, efficient and capable of meeting the needs of the specific arbitration resulting in an explosion of litigation as against the stated intent of reducing the same.
Revolutionary decisions:
The Supreme Court, while dealing with such rival contentions has held that interpretation of a contract may fall within the realm of the arbitrator. The Court while dealing with an award would not reappreciate the evidence. An award containing reasons also may not be interfered with unless they are found to be perverse or based on a wrong proposition of law like an error apparent on the face of the award. If two views are possible, it is trite, the Court will refrain itself from interfering. Jurisdiction of the court to interfere with an award made by an arbitrator is limited. On contrary to this, in recent times, the courts were impelled to have fresh look on the ambit of challenge to an award by the arbitrator so that the award does not get undesirable immunity.
The Court also quoted it is correct that courts shall not ordinarily substitute their interpretation for that of the arbitrator. It is also true that if the parties with their eyes wide open have consented to refer the matter to the arbitration, then normally the finding of the arbitrator should be accepted without demur. There is no quarrel with this legal proposition. But in a case where it is found that the arbitrator has acted without jurisdiction and has put an interpretation on the clause of the agreement which is wholly contrary to law then in that case there is no prohibition for the courts to set things right.
While the conclusion may not be so relevant, it is the reiteration of the aforementioned principles that is reassuring. One can only hope that this would guide the hands of all judicial authorities while entertaining appeals under Section 34.
Misuse:
Misuse of the process of Arbitration by companies and parties is also not unheard of and is even prevalent in international commercial arbitration where the arbitration agreement or the arbitration clause may stipulate sole and mixed arbitral commissions. These depend primarily on whether the disputes are to be referred to a single arbitrator or the parties may appoint an arbitrator each with an umpire presiding over the arbitration commission.
Problems as discussed again arise when the party to the agreement in power may force the other party or parties to sign an arbitration agreement or arbitration clause created to cause pecuniary or territorial discomfort to ensure a quicker or unfair settlement. The conclusion is obvious. If arbitration is to survive, ADR lawyers must insist on institutional arbitration to ensure Alternate Dispute Resolution becomes a better alternative to Court litigation.
The USP of resolving disputes through Arbitration was its relative simplicity, economy, speed and privacy. However, over the time it has been observed that Institutional Arbitration through Associations or Societies like The Indian Council of Arbitration (ICA) , Federation of Indian Chambers of Commerce and Industry (FICCI), FICCI Arbitration and Conciliation Tribunal (FACT), The Associated Chambers of Commerce and Industry of India (ASSOCHAM) etc. is the best since they conduct Arbitration as per rules laid down which have stood the test of time and where the reputation of the Arbitrator is impeccable while at the same time the parties to arbitration know very clearly what the cost of the said arbitration be.
It is unfortunate that most litigants and parties do not opt for institutional arbitration which has time and again proven its mettle in providing fast, economical and completely impartial resolutions of disputes within the ambit of strongly laid down process and guidelines.

Outsourcing Legal Research

Large law firms and in house legal departments of large enterprises have enjoyed the benefits of outsourcing (quicker turnaround and lower costs) with success for quite some time in the United States.

On the other hand, small and midsize enterprises and law firms have just begun to outsource legal work to enjoy these benefits. This has become possible with a wider availability of technology at a lower cost, in addition to the arrival of a new breed of vendors who are addressing the unique requirements of small and midsized enterprises and law firms.

These vendors are providing services with better quality, by leveraging on technology and through deployment of experts in the work which is outsourced. Lawyers from India are increasingly familiar with US law and have several years of experience in doing legal work for US law firms and in house legal departments of large corporations. It has become possible to deploy experts these days due to aggregation of work from various clients, and the cascading higher volume of work.

The law firms and in house legal departments have enjoyed the benefits of a quicker turnaround time. The work left with the Indian entity at the end of their day is completed and available when they arrive at work the next day. These have become as important as the other core reason for outsourcing, namely saving of costs of law firms and enterprises have been able to save between 50 -60% of their cost by outsourcing legal services.

What work can be outsourced?

Any work that can be done without requiring fact to face interaction with clients or physical presence in a court of law can be outsourced. Some of the typical examples of work outsourced are in:

a)Contracts: Drafting, Review and management
b)Litigation Support : Discovery management, review, analysis and coding and Presentation
c)IP Rights: Search, Application for patents and defence
d)Legal and Business research

a)Contracts of Drafting, Review and Management

We prepare first-cut drafts of contracts that are fit for purpose and conform to your house style. You need to provide:
.Standard templates that conform to your house style and
.Unique variables relating to each contract

Your lawyers would still be in control over the quality of the draft and enforceability in courts of law without having to log expensive time in preparing the first cut draft.

We can handle a wide variety of contracts including contracts for:
.Sale of securities and derivatives
.Sale of goods or services
.Sale or mortgage of property
.Lease of property
.Lease of equipments
.Employment etc

We manage your contracts by maintaining a comprehensive database of all your contracts that provide:
.Contract information (Purpose, Period, Entities, Addresses, Counsel, Validity, Termination rights, Applicable law, Jurisdiction etc
.Summary of terms
.History of notices

We maintain a summary of all obligations and covenants (to facilitate compliance) and all rights (to enforce compliance)

b)Litigation Support

Our litigation support services include:
.Discovery management,
.Review
.Analysis and coding and
.Presentation

To help your lawyers focus on successfully winning or defending cases.

We help your lawyers to stay focused on winning the case by providing discovery management support.
Our services include:
.Understanding case issues and priorities
.Determination of collecting strategy
.Determination of work processes to speed up and yet not miss out on collecting documents
.Quick focus on most useful documents by continuous elimination of irrelevant items
.Quick analysis of documents for materiality, relevance, confidentiality and privilege; rapid automated
codification and validation
.Quick production of documents to facilitate rapid internalization and access

We can work with your proprietary document discovery management system or any standard off-the-shelf solution including ConcordanceFYI and CaseLogistix.

In spite of increasing popularity of e-discovery, physical paperwork has continued to stay. We help your lawyers by reviewing physical paper documents and codifying them for rapid prioritization and access.

We measure our success by reducing your attorneys document review time and cost. Not just by being more competitive than other providers in discovery process.

c)IP Rights

Our lawyers (supported by domain professionals) can support you in
.Prior Art Search,
.Assessment of patentability,
.Patent proofing,
.Invention disclosure evaluation and
.Drafting the application for patents.

We offer support in IP Asset management with review of potential or existing infringements and in litigations to protect against such infringements.

d)Legal and Business Research

We conduct research on industry standard private databases as well as public domain databases to provide research support to your team of lawyers to win/defend litigation or to provide counsel to clients on complex issues.
Our research support includes:
.Reviewing legislation
.Reviewing case law precedence
.Reviewing journals
.Reviewing contracts and
.Preparing summaries and abstracts.

Where to outsource?
Law firms and in house legal departments typically outsource legal work to someone who is willing to understand their requirements, and give quality service that they require.

TaurusQuest is one such company, which has acquired expertise in serving small and midsize enterprises better, and has been recognized for its operational excellence and delighting service. We were awarded 4th worldwide by the US based Black Book of Outsourcing for one of our services in 2007. We have a number of legal professionals who have experience in providing the services mentioned above to US and International law firms and to business enterprises. The senior executives of the company have lived and worked in the US.TaurusQuest has two delivery centers in Chennai, India with 300 seats.

Choose Best Immigration Consultants

UK attracts people from all over the world to settle and work. It is renowned for having one of the world”s recognised financial centres resulting in skilled workers in large numbers migrating every year to UK. UK follow a points based system to assess their eligibility to obtain a visa to work and settle. This system comprises a series of formalities to be taken care of and presentation of various documents. The process can be very complex hence; it is beneficial to take services of some Immigration Consultants UK while thinking of migrating to UK.

Opulentus Overseas Careers is one such Immigration Consultants UK which assists clients in getting visa to UK. The consultant is expert in processing varied visas like study, work, and dependent visas for UK. Opulentus never had a rejection from British High Commission, UK hence; is regarded as number 1 UK Immigration Services It is the only Immigration Consultants UK which first determines eligibility of client and then takes the case. In case a client is found non eligible for UK visa, the case is not taken by Opulentus.

The consultant has all the required resources which can be useful for a client when going through the visa process. Its counsellors are experts in handling immigration process of UK. This is mainly because these consultants have themselves lived in UK and hence know every knick knacks about the UK visa process. Opulentus makes sure that a right visa is guided to client for UK. For this, its counsellors study the profile of client thoroughly and then suggest a visa, keeping client”s preference in consideration. Opulentus is rare Immigration Consultants UK which keeps client”s preference above all other factors.

In addition to basic visa processing services Opulentus is also renowned for providing other value added services like airport pick-up, accommodation assistance etc which make relocating to UK easier for client. So a client need not worry about aspects like where to live, how to reach etc. Also, the job assistance services of Opulentus market the client”s resume to job consultants all over UK, helping the client get a job easily and early. It is the only Immigration Consultants UK whose job assistance services have proven useful to many people and today they are happily working in UK.

Register for Opulentus Overseas Careers” free evaluation and know whether you are eligible to migrate to UK or not. Your points will be calculated and based upon your eligibility a visa will be suggested to you. Opulentus is World”s Super Visa Specialist and most trusted Immigration Consultants UK. It has presence in US, UK and India.

Outsourcing Legal Research

Large law firms and in house legal departments of large enterprises have enjoyed the benefits of outsourcing (quicker turnaround and lower costs) with success for quite some time in the United States.

On the other hand, small and midsize enterprises and law firms have just begun to outsource legal work to enjoy these benefits. This has become possible with a wider availability of technology at a lower cost, in addition to the arrival of a new breed of vendors who are addressing the unique requirements of small and midsized enterprises and law firms.

These vendors are providing services with better quality, by leveraging on technology and through deployment of experts in the work which is outsourced. Lawyers from India are increasingly familiar with US law and have several years of experience in doing legal work for US law firms and in house legal departments of large corporations. It has become possible to deploy experts these days due to aggregation of work from various clients, and the cascading higher volume of work.

The law firms and in house legal departments have enjoyed the benefits of a quicker turnaround time. The work left with the Indian entity at the end of their day is completed and available when they arrive at work the next day. These have become as important as the other core reason for outsourcing, namely saving of costs of law firms and enterprises have been able to save between 50 -60% of their cost by outsourcing legal services.

What work can be outsourced?

Any work that can be done without requiring fact to face interaction with clients or physical presence in a court of law can be outsourced. Some of the typical examples of work outsourced are in:

a)Contracts: Drafting, Review and management
b)Litigation Support : Discovery management, review, analysis and coding and Presentation
c)IP Rights: Search, Application for patents and defence
d)Legal and Business research

a)Contracts of Drafting, Review and Management

We prepare first-cut drafts of contracts that are fit for purpose and conform to your house style. You need to provide:
.Standard templates that conform to your house style and
.Unique variables relating to each contract

Your lawyers would still be in control over the quality of the draft and enforceability in courts of law without having to log expensive time in preparing the first cut draft.

We can handle a wide variety of contracts including contracts for:
.Sale of securities and derivatives
.Sale of goods or services
.Sale or mortgage of property
.Lease of property
.Lease of equipments
.Employment etc

We manage your contracts by maintaining a comprehensive database of all your contracts that provide:
.Contract information (Purpose, Period, Entities, Addresses, Counsel, Validity, Termination rights, Applicable law, Jurisdiction etc
.Summary of terms
.History of notices

We maintain a summary of all obligations and covenants (to facilitate compliance) and all rights (to enforce compliance)

b)Litigation Support

Our litigation support services include:
.Discovery management,
.Review
.Analysis and coding and
.Presentation

To help your lawyers focus on successfully winning or defending cases.

We help your lawyers to stay focused on winning the case by providing discovery management support.
Our services include:
.Understanding case issues and priorities
.Determination of collecting strategy
.Determination of work processes to speed up and yet not miss out on collecting documents
.Quick focus on most useful documents by continuous elimination of irrelevant items
.Quick analysis of documents for materiality, relevance, confidentiality and privilege; rapid automated
codification and validation
.Quick production of documents to facilitate rapid internalization and access

We can work with your proprietary document discovery management system or any standard off-the-shelf solution including ConcordanceFYI and CaseLogistix.

In spite of increasing popularity of e-discovery, physical paperwork has continued to stay. We help your lawyers by reviewing physical paper documents and codifying them for rapid prioritization and access.

We measure our success by reducing your attorneys document review time and cost. Not just by being more competitive than other providers in discovery process.

c)IP Rights

Our lawyers (supported by domain professionals) can support you in
.Prior Art Search,
.Assessment of patentability,
.Patent proofing,
.Invention disclosure evaluation and
.Drafting the application for patents.

We offer support in IP Asset management with review of potential or existing infringements and in litigations to protect against such infringements.

d)Legal and Business Research

We conduct research on industry standard private databases as well as public domain databases to provide research support to your team of lawyers to win/defend litigation or to provide counsel to clients on complex issues.
Our research support includes:
.Reviewing legislation
.Reviewing case law precedence
.Reviewing journals
.Reviewing contracts and
.Preparing summaries and abstracts.

Where to outsource?
Law firms and in house legal departments typically outsource legal work to someone who is willing to understand their requirements, and give quality service that they require.

TaurusQuest is one such company, which has acquired expertise in serving small and midsize enterprises better, and has been recognized for its operational excellence and delighting service. We were awarded 4th worldwide by the US based Black Book of Outsourcing for one of our services in 2007. We have a number of legal professionals who have experience in providing the services mentioned above to US and International law firms and to business enterprises. The senior executives of the company have lived and worked in the US.TaurusQuest has two delivery centers in Chennai, India with 300 seats.