A Basic Concept Of Arbitration and Conciliation Act 1996

Arbitration Lawyer

Both the terms ‘Arbitration’ and ‘Conciliation’ are very prominent as far as the judicial system in India or abroad is concerned. Both these terms have ample significance due to their specialized domains and their utilities and applications. Let’s find out a brief introduction to the terms ‘Conciliation and ‘Arbitration’.

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What is meant by Arbitration?

Experts in legal matters define this term as a method that allows the two warring sides to settle disputes between them without the direct intervention of the court. They often term this process as an ‘Out-of-the-court’ settlement. The disputes undertaken in the arbitration process are mostly civil by nature. Here, the parties decide to find a solution to their disputes under the supervision of qualified Arbitrators. These arbitrators are usually appointed by the court. Usually, an arbitrator is a neutral third-party entity that has no interests or involvement in the outcome of the case.  The Arbitrators listen to the parties, ponder over the case, and then come up with a genuine and impartial decision.  An arbitration lawyer in only option to handle such kind of cases.

What Is Conciliation All About? 

Top legal practitioners define the term ‘Conciliation’ as a type of Alternate Dispute Resolution (ADR) in India. It insists on reaching a permanent settlement between the warring parties. Solving disputes for good is the solitary objective or conciliation process. Usually, the court appoints a qualified and impartial third-party conciliator who takes care of the whole process of conciliation. Here, the number of conciliators may vary. It can be one or multiple depending on the choice or wish of the parties involved in the disputes. Here, the conciliator(s) need to stay 100% impartial while they are engaged in tasks of conciliation!

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The Principal Objective Of Arbitration And Conciliation Act 1996! 

Most of the processes of Conciliation and Arbitration are conducted under the provisions of the Act that was created as per the Arbitration and Conciliation Act 1996. The purpose of this act includes the following: 

  • To deliberate and apply overseas arbitrational honors in India
  • To endorse the concept of Alternative Dispute Resolution (ADR) in India
  • To circumvent needless expenditure or interruption for entities to dispute
  • Defining and governing the idea of conciliation in India
  • Promoting impartial solution of authorized rows using an unbiased party without court intrusion
  • Regulating the internal arbitration and global trade arbitration
If you need to gather more information about these two terms, then you should do well to speak to the expert lawyer in Kolkata who have worked as ‘Arbitrators’ and/or ‘Conciliators.’ You can always feel comfortable about your knowledge before you think about getting into the process of arbitration and conciliation!

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