Potential Appeal Mechanism by Consent: Arbitration
Shivangi Sinha1, Bhagyashree Deshpande2, Sapna Deo3, Smita Vedpathak4
1Shivangi Sinha, Bharati Vidyapeeth New Law College, Pune, Maharashtra, India.
2Dr. Bhagyashree Deshpande, Bharati Vidyapeeth New Law College, Pune, Maharashtra, India.
3Dr. Sapna Deo, Bharati Vidyapeeth New Law College, Pune, Maharashtra, India.
4Smita Vedpathak, Bharati Vidyapeeth New Law College, Pune, Maharashtra, India.
Manuscript received on 01 August 2019. | Revised Manuscript received on 08 August 2019. | Manuscript published on 30 September 2019. | PP: 4511-4513 | Volume-8 Issue-3 September 2019 | Retrieval Number: C6814098319/2019©BEIESP | DOI: 10.35940/ijrte.C6814.098319
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© The Authors. Blue Eyes Intelligence Engineering and Sciences Publication (BEIESP). This is an open access article under the CC-BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/)
Abstract: Arbitration is a process of resolving disputes out of the court. It goes through many other synonyms such as mediation, conciliation, adjudication etc. One thing common in all is that we appoint an arbitrator who looks into all the matters in dispute and lays his decision in accordance to the legal statutes related to arbitration formed by the legislature. However the party in disputes gives an early consent to go for the arbitration rather than an appeal for many reasons. Howsoever there are people who consider that proper justice are not granted to them until and unless they go for appeal, but there are numerous advantages because of which parties now a day’s prefer arbitration over the court proceedings. It is a less expensive, less time consuming process. Many states have made arbitration process compulsory. In many jurisdictions areas arbitration is somewhat a similar process to trial. This article will basically focus on the concept of Arbitration, its types and importance in today’s world. One more important aspect which needs to be taken into account is the concept of “logic”. Generally, we deal with the statutes or the codified law, but in this article we will try and see the genesis of applying logics in solving disputes, which is certainly more unpredictable approach towards any matter in dispute. This article, primarily focuses that even after having set of codified laws, how can one solve their matter in comparative less time period by using same set of laws and applying a little technical and logical reasoning towards it. These potential appeal mechanisms are friendly, and avoid signs of erosion. Along with the application of law, its enforcement (the arbitral awards given) also and always taken into consideration and are acted accordingly.
Index terms: Arbitration, Jurisdictions, Meditation, Negotiation.
Scope of the Article: Service Level Agreements (Drafting, Negotiation, Monitoring and Management)