Arbitration is a legal technique for the resolution of disputes HKIAC Hong Kong International Arbitration Centre Indian Arbitration and Conciliation Act

 

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Published by a team of professionals from Chennai with fresh inputs from Hong Kong.

 
Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), by whose decision (the "award") they agree to be bound. Arbitration in the United States and in other countries often includes alternative dispute resolution (ADR), a category that more commonly refers to mediation (a form of settlement negotiation facilitated by a neutral third party). It is more helpful, however, simply to classify arbitration as a form of binding dispute resolution, equivalent to litigation in the courts, and entirely distinct from the various forms of non-binding dispute resolution, such as negotiation, mediation, or non-binding determinations by experts.

Arbitration is, today, most commonly used for the resolution of commercial disputes, particularly in the context of international commercial transactions and sometimes used to enforce credit obligations. It is also used in some countries to resolve other types of disputes, such as labour disputes, consumer disputes or family disputes, and for the resolution of certain disputes between states and between investors and states.

Source: http://en.wikipedia.org/wiki/Arbitration

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Adequate Care should be taken to draft an enforceable arbitration agreement. Advocates and Lawyers from all applicable jurisdictions should be consulted and review the arbitration agreement before its executed
 

Our consultants and advocates  are highly experienced and have dealt with many situations of arbitrations & conciliation in India and HK. We assist our clients with resolution of disputes in all areas of general and special practices, including commerce, finance and industry. Our highly trained & experienced attorneys endeavor to prevent disputes by ensuring proper documentation and by tactfully handling the matter. However, in cases where disputes cannot be prevented, we take utmost care in preparation of our client's case and ensure that the client gets the best advice and support in resolving their disputes.
 

Negotiations
Conciliation
Preparing and presenting the case before arbitrator
Domestic and International Arbitration
International Chamber of Commerce, Paris Arbitration (ICC)
American Arbitration Association (AAA)
Enforcement of Awards

Hong Kong International Arbitration Centre

HKIAC was established in 1985 to assist disputing parties to solve their disputes by arbitration and by other means of dispute resolution. It was established by a group of the leading business and professional people in Hong Kong to be the focus for Asia of dispute resolution. It has been generously funded by the business community and by the Hong Kong Government but it is totally independent of both and it is financially self sufficient

Visit : http://www.hkiac.org/HKIAC/HKIAC_English/main.html

 

  

 

The Applicable Arbitration Law in India
 

The Indian Arbitration and Conciliation Act, 1996 the governing arbitration statute in India. It is based on the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 1985.

Previous statutory provisions on arbitration were contained in three different enactments, namely, the Arbitration Act, 1940, the Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforcement) Act, 1961. The Arbitration and Conciliation Act, 1996 has repealed the Arbitration Act, 1940 and also the Acts of 1937 and 1961.

International Conventions on Arbitration India is a party to the following conventions:

the Geneva Protocol on Arbitration Clauses of 1923

the Geneva Convention on the Execution of Foreign Arbitral Awards, 1927; and

the New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards. It became a party to the 1958 Convention on 10th June, 1958 and ratified it on 13th July, 1961.

There are no bilateral Conventions between India and any other country concerning arbitration.