International Council of Arbitration & Mediation
The International Council of Arbitration and Mediation (ICAM) is a global initiative of IEFCI focused on promoting arbitration and mediation as effective methods for resolving disputes, particularly in international settings. ICAM provides a platform for legal professionals, arbitrators, and mediators worldwide to collaborate, share best practices, and advance the field of alternative dispute resolution (ADR). The organization is committed to increasing awareness of arbitration and mediation, offering training and educational programs, and developing international standards and best practices. ICAM also facilitates networking opportunities and supports research, contributing to the global understanding and use of ADR. Through its efforts, ICAM aims to make arbitration and mediation more accessible, reliable, and widely accepted, fostering peaceful dispute resolution across various sectors and jurisdictions.
International arbitration
ARBITRATION – Arbitration is a private dispute resolution process, conducted away from public scrutiny. It is a consensual process where the parties submit their disputes for resolution to an arbitral tribunal that usually is composed of one or three arbitrators. Alternative Dispute Resolution offers creative solutions to resolve your disputes. We offer both International and domestic arbitration.
TYPES OF ARBITRATION
The kinds of arbitration agreement may be categorized based on the territorial jurisdiction, i.e. the place whereby matters are being dealt with. It may also depend upon the laws agreed upon to apply on the legal relationship of parties concerned. Based on this, the types of arbitration in India are classified.
1- DOMESTIC ARBITRATION When there is a dispute among two parties sharing a legal relationship whereby both of them are residing or located in India, such a resolution of dispute through arbitration is termed as domestic arbitration. In such cases, there is least confusion regarding applicable laws for deciding the matters. The arbitration lawyers in India help with representation of parties before the arbitration tribunal.
2- INTERNATIONAL ARBITRATION When one of the parties belongs to countries other than India and the dispute is being resolved through arbitration as per Indian laws, it is called international arbitration. Presence of an international element is obvious in such cases. The matters under international arbitration are usually resolved beyond Indian territory.
3- INTERNATIONAL COMMERCIAL ARBITRATION Where there is an international element in a commercial dispute whereby one of the parties (individual or body corporate) is Indian, resolution of disputes arising is done through laws as agreed upon in the contract. Where there is a lack of specific terms regarding dispute resolution or an agreement to follow Indian laws, the arbitration and mediation rules applicable in India are followed thereby. Such an arbitration process is called International commercial arbitration.
4- INSTITUTIONAL ARBITRATION Types of arbitration include when there is a particular institution selected by the parties to contract in the arbitration clause, such an institution is responsible for dispute resolution through arbitration. In such cases, parties may not be required to go through the hassle of selecting the arbitrator while the institution takes charge for such tasks. Institutional arbitration helps efficient dispute resolution.
5- AD-HOC ARBITRATION When there is no contractual compulsion and parties agree for deciding matters via arbitration through mutual consent, it is termed as ad-hoc arbitration. It is one of the most common types of arbitration in India. In such cases, parties to dispute may mutually decide the process to be followed during arbitration
Mediation is an alternative conflict and dispute resolution mechanism. Mediation is a process through which a Mediator – an independent and impartial neutral, facilitates disputants to arrive at practical and mutually agreeable solutions to resolve their conflict. Mediation is a structured, interactive process where an impartial third party neutral assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a “party-centered” process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that she/he manages the interaction between parties and facilitates open communication. BENEFITS OF MEDIATION
FAST: because the amount of time necessary for the parties and therefore the Mediator to organize for the mediation is significantly way less as that needed for trial or arbitration, a mediation of dispute can occur relatively early. Moreover, once mediation begins, the Mediator can consider those issues he or she perceives as important to bring the parties to agreement; time consuming evidence are often avoided, thereby making finest use of the parties’ time and resources. Even if the whole evidence gathering has already occurred, it almost invariably takes less time to mediate a dispute than to undertake it during a court.
FLEXIBLE: There exists no set formula for mediation. Different Mediators employ different styles. Procedures are often modified to satisfy the requirements of a specific case. Mediation can occur even during trial or before any formal legal proceedings begin.
COST EFFICIENT: Because mediation generally requires less preparation, is very less formal than trial or arbitration, and may occur at an early stage of the dispute, it’s always less costly than other sorts of dispute resolution.
BRINGS PARTIES TOGETHER: Parties can save and sometimes rebuild their relationship like during a family dispute or commercial dispute.
CONVENIENT: The parties can control the time, location, and duration of the proceedings to large extent. Scheduling isn’t subject to the convenience of courts.
CREATIVE: Resolutions that aren’t possible through arbitration or judicial determination could also be achieved. A fine Mediator makes the parties recognize solutions that might not be apparent – and not available – during the normal dispute resolution process. The limit on creative solutions is about only by the variability of disputes a Mediator may encounter.
CONFIDENTIAL: what’s said during mediation are often kept confidential. Parties wishing to avoid the glare of publicity can use mediation to stay their disputes low-key and personal. Statements are often made to the Mediator that can’t be used for any purpose aside from helping the Mediator in understanding a resolution to the dispute. Confidentiality encourages candour, and candour is more likely to end in resolution.