Article by Vijay Pal Dalmia, Advocate, Supreme
Court of India and Delhi High Court, Partner & Head of
Intellectual Property Laws Division, Vaish Associates Advocates,
India
All Disputes, which are of civil nature, may be resolved at any
of the following two forums i.e. the formal system of redressal
through conventional system i.e. Courts and Tribunals, or Alternate
Dispute Resolution (ADR) i.e. Mediation, Conciliation and
Arbitration. Keeping in view the state of the formal judicial
process, it shall always be preferable to opt for ADR. India has a
codified law on ADR i.e. the Arbitration & Conciliation Act,
19961 which conforms to Model law on International Commercial
Arbitration in 1985 by the United Nations Commission on
International Trade Law2 (UNCITRAL). These Model laws and Rules
make significant contribution to the establishment of a unified
legal frame work for the fair and efficient settlement of disputes
arising in international commercial relations.
