COMMENCEMENT OF MARITIME ARBITRATION PROCEEDINGS

Prof. Saurabh Girdhar; Dr. Ram Niwas Sharma

Volume : VI, Issue : VI, June - 2016

COMMENCEMENT OF MARITIME ARBITRATION PROCEEDINGS

Prof. Saurabh Girdhar, Dr. Ram Niwas Sharma

Abstract :

 At the outset, it is not always correct to say that the issues could only be settled in Courts. Arbitration is an alternate remedy to solve the matters by amicable way. In this method, parties are free to choose their arbitrators and place of arbitration. Arbitration law covers Domestic Arbitration, International Commercial Arbitration and Enforcement of Foreign Awards. It also covers the law relating to Conciliation and for matters connected therewith and incidental thereto. The law of arbitration in India, at present, substantially contained in three enactments, namely – the Arbitration Act, 1940; the Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforcement) Act, 1961. Since these laws become outdated, United Nations Commission on International Trade Law has adopted the UNCITRAL Model Law on International Commercial Arbitration 1985. Later, under the Constitutional provisions, India has adopted Arbitration and Conciliation Act, 1996. Since then disputant parties are finding difficulties in initiating the arbitral proceedings and appointing arbitrators. In this article author has liberty to explain the initiation of proceeding before the arbitrators at arbitration forum and who can be a good arbitrator for solving disputes. It is procedural law that is required to appreciate to solve the dispute before Arbitrators under the provision of Arbitration and Conciliation Act, 1996. Hence, the above titled article has enlightened the procedure to move before proper authority to solve differences under the Act of 1996.