Arbitration and Conciliation are the methods of solving disputes outside the court. Lex Conseiller has been working in this field since 2011. Our firm has a team of experienced, qualified, and competent professionals serving with the working ethics.
We are one of these firms that assist you with a talented Arbitration and Conciliation Lawyer. Our professionals use applicable standards and work ethics while providing legal services to the clients. They try to understand the problem, analyse the assignment, and provide the best possible solution.
Meaning of Arbitration and Its Types
Arbitration is a process of alternative dispute resolution which occurs outside the judicial court. In this process, the parties involved in the dispute appoint a person/third party to settle the case. This person is known as an Arbitrator or Arbiter.
The decision of Arbitration lawyers is legally binding on all the parties as it is similar to a court’s judgment. If a party proves fraud or misuse of power has been placed in the arbitration process, the matter can be submitted to the court. Generally, Arbitration is of the following kinds:
Domestic Arbitration
Arbitration within the boundaries of India for the dispute that arises in India is Domestic Arbitration.
International Arbitration
If an Arbitration happens outside the Indian boundaries or within Indian territory but contains any element of foreign origin to related parties, it is an International Arbitration. For an international Arbitration, two conditions must satisfy whether the parties are domiciled abroad or the subject matter is foreign.
Institutional Arbitration
In this type of Arbitration, the parties of the dispute have a choice to specify an arbitration institution whose rules we can use as reference in the event of a dispute.
Ad-hoc Arbitration
It is an arbitration process in which parties are not bound to follow the set rules of the arbitration institution and are free to create their own rules.
Fastrack Arbitration
If a person is in a hurry and wants to save time, energy, and money, he uses this kind of Arbitration. Its procedure is set in a way in which all time-consuming and expeditious activity will be abandoned.
Meaning of Conciliation and Its Types
Conciliation involves an independent third party (Conciliator) who assists parties of the dispute in arriving at a mutually agreeable solution. It is an informal process of Arbitration, like a round-table decision.
The Conciliation Lawyers directly discuss the issues with the parties and tries to develop options and consider alternatives to arrive at some solution. In the case of Conciliation, the disputing parties are not legally bound to enforce the decision. There are two types of Conciliation:
Voluntary Conciliation
In voluntary/ formal Conciliation, the lawyer of a party and the client meet face-to-face in the presence of the Conciliator to resolve the dispute.
Compulsory Conciliation
It is also known as informal Conciliation. In this type of Conciliation, the lawyer and the client discuss the issue over the phone/message/mail/any other electronic media.
Arbitration Process
The arbitration process is a technique of alternative dispute resolution (ADR). Every case is different from others and has some unique circumstances. According to these circumstances, the process of Arbitration is decided, but in general, the arbitration process must go through the following steps:
Initiation
When parties to the dispute file application for the appointment of an arbitrator. The Arbitration Authority approves the application after considering all the information.
Invitation to Arbitrator
After approving the application, the Arbitration Authority invites an arbitrator to deal with the case. The arbitrator reviews all the information and conflicts relating to the case and returns a signed document.
Appointment
As soon as the return of the arbitrator is received, an appointment letter will be issued to him. If any party has an objection to the appointment, the process returns to the initiation stage.
Information Exchange
After appointment and confirmation, the arbitrator schedules a preliminary hearing on a conference call, in which the arbitrator discusses all the preliminary information from the parties. After this call, the arbitrator issues a scheduling order which confirms all the essential details and timings.
Hearing
The parties present their case to the arbitrator, which can be over the phone or in writing documents. After this hearing, they submit their written arguments according to the arbitrator’s directions.
Award
After the completion of the hearing, a date for the issuance of the award is set. The arbitrator provides a written award explaining the result of the case and sends it to the parties.
Services Offered by Our Arbitration and Conciliation Lawyers
If any commercial dispute arises, our firm—Arbitration law firm serves the best faculty of Conciliation and Arbitration Lawyers. We offer the following services as a lawyer for your Arbitration and conciliation procedures-
- Case Assessment- The lawyer assesses the strengths/weaknesses of the client’s case, jurisdictional issues, and the opposing party’s actual position and recommends whether to initiate Arbitration.
- Secure third-party funding- When a client needs more funds to see the arbitration process at the end, the lawyer can assist with third-party funding.
- Negotiating with the opposing party- An arbitration lawyer may assist in amicable negotiation by preparing non-disclosure agreements.
- Guide in arbitration procedures and applicable laws- The lawyer knows the legal facts, applicable laws, and clauses, so they professionally guide you in all the procedures and legal terms.
- Secure and assist legal and appropriate professionals- The lawyer assists the client in securing experienced experts and responds to factual questions of the expert.
- Suggest with the Awards- The lawyers help with the enforcement of the arbitral awards and also in post-award litigations.
Contact Us for the Best Assistance
We at Lex Conseiller are one of the trusted Arbitration Law firms. We have duly qualified and competent Arbitration and Conciliation lawyers that help their clients with end-to-end legal services. We also provide services for real estate, financing, litigations, and disputes. We ensure our clients about the work ethics while serving as a lawyer.