STAGES OF ARBITRATION IN INDIA

Arbitration is a dispute resolution process outside the traditional court system, gaining prominence in India due to its efficiency and flexibility. The Act governing the arbitration proceedings in India namely “The Arbitration and Conciliation Act, 1996”.

Arbitrator Selection/Removal in 1996 Act

The arbitrator is a neutral third party who is appointed to resolve a dispute between two or more parties outside the court system. They play a crucial role in arbitration proceedings, which is an alternative dispute resolution method used to settle conflicts.

SC’s Power to Review Its Own Judgments – Art.142

The Supreme Court of India is the highest court in the country and has the power to review its own judgments. This power is derived from Article 142 of the Constitution, which states that the Court may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.

Pending suit referred to arbitration

A pending suit can be sent for arbitration under Section 8 of the Arbitration and Conciliation Act, 1996. This section states that a party to a case may, at any time after the commencement of the suit, apply to the court for an order referring the dispute to arbitration.

Maintainability of Writ Petition for Private Banks or not?

Recent years have seen a lot of discussion over the viability of a writ suit against a private bank under Article 226 of the Indian Constitution. Although the Supreme Court has made several rulings on this matter, the law is still not entirely clear. There is no simple solution to the complex problem.

Writ Jurisdiction for Supreme Court

A person has the fundamental right to lodge a complaint or grievance to the court regarding any administrative action. The protection of fundamental rights and the assurance of natural justice are the two most important aspects of writ jurisdictions.