Guide to ADR Competitions-Part 1- Arbitration

This article is written by Jyotika Bansal, a part of lawmatics team.

• ALTERNATIVE DISPUTE RESOLUTION

The concept of the Alternative Dispute Resolution (ADR) mechanism can be used as a substitute to the conventional methods of resolving disputes. ADR offers to resolve all type of matters including civil, family disputes, commercial etc. Generally, ADR uses a neutral third party who helps the parties to communicate, discuss the differences and resolve the dispute.

ADR includes various methods for settlement, like, Arbitration, Conciliation, Mediation, Negotiation and Lok Adalat.

The concept of ADR is founded and based on fundamental rights of Article 14 and 21 which deals with equality before law and right to life and personal liberty respectively.

Under Article 39-A relating to Directive Principle of State Policy (DPSP), provides for free legal aid, ADR strives to achieve that by way of providing equal justice to both parties.

With the growing number of cases in the court, our legal system has evolved to the better opportunities by way ADR mechanism to settle the disputes outside the court. Thereby, helping the courts to reduce their work load. ADR is an alternative to litigation where the settlement is made between the parties in an amicable way. It is less expensive than litigation, less time consuming, with least legal repercussions. As it is timely evolving in the practical legal world the law schools have also come forward to acknowledge the students with this interesting new phenomena of dispute settlement. Students need to learn the various aspects of it before actually stepping into the legal world of ADR. So law schools have now made it possible like mooting competitions to get in touch with the ADR mechanism.

IN “ADR COMPETITIONS SECTION”, FIRSTLY WE WILL DISCUSS ARBITRATION COMPETITION.

• WHAT IS ARBITRATION ?

The process of Arbitration cannot be initiated without valid arbitration agreement prior to the emergence of dispute. Valid existence of the Arbitration Agreement is the sine qua non of arbitration process. In this technique of resolution, parties refer their dispute to one or more persons called arbitrators. Decision of arbitrator is bound on parties and their decision is called ‘Award’. The object of Arbitration is to obtain fair settlement of dispute outside of court without necessary delay and expense. Any party to a contract can invoke arbitration clause either himself or through their authorized agent which refers the dispute directly to the arbitration as per the Arbitration clause. Section 8, of Arbitration and Conciliation Act, 1996 provides if any party disrespects the arbitral agreement and instead of moving to arbitration, moves that suit to civil court, other party can apply the court for referring the matter to arbitration tribunal as per the agreement but not later the submission of the first statement. The application must include a certified copy of arbitration agreement and if courts satisfy with it, the matter will be referred to arbitration.

WHAT IS ARBITRATION COMPETITION?

• SELECTION OF PROPOSITION

Arbitration competitions are such an interesting platform to learn various aspects of the law. It involves fewer legal technicalities than mooting. While making up a mind to participate in arbitration competitions two things need to be kept in mind when choosing the proposition: First, select the proposition, if the area of law it deals with suits your interest. For example: if you are interested in the subject of international trade law and the proposition deals with international arbitration touching upon the concept of international trade law then you must go for it. Secondly, if you are neutral for law subjects then you may prefer to take that particular proposition the area of law which you already have studied. However, in the process of arbitration, many legalities are not needed it is just a settlement out of court.

• HOW TO MAKE TEAM ?

Teammates are indeed the most important component for arbitration competitions. Generally, it depends upon the proposition that how many characters are required to be in the team. But as per the general process, one client, one counsel, one arbitrator is required in the participation from each team. For whole of the arbitration process, it is a general rule that number of arbitrators is odd. (it may be one, three unless previously decided by the parties) Participating from the side of law school if the number of students interested to participate is more than you need to give eliminations so that all the students may be given a chance to give it a try, or if no such situation is found then you may make a team by yourself with your friends, peers, your group with whom you usually participate or the students of same interest and willingness.

• PRICE

The price for the competition is usually for the team, which may be divided among the group itself. However, it is not the permanent personal expense of the students. The price incurred by the team is later compensated by the law school itself. The expenses may involve registration fees, travel, accommodation, food or a little bit of stationary etc.

• MEMORIAL/ COMPENDIUM

Unlike moots, the is no need to submit the memorials or compendiums in arbitrations but there may be a case when you need to submit certain documents in relation to your proposition. (Documents may involve the treaty signed, agreement made, referral points etc.)

• ROUNDS

Arbitration competitions involve three rounds. As with the rounds, the proposition gets tougher. Judges are quite co-operative, lenient in the whole process.

NEXT ARTICLE WILL BE ON “WHAT HAPPENS IN ARBITRATION COMPETITION?