ADR in Business

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Questions and Answers

What is the primary purpose of an arbitration process?

  • To provide a platform for open negotiation between the disputing parties
  • To offer legal advice to the disputing parties
  • To review the case and impose a legally binding decision on both parties (correct)
  • To guide the disputing parties towards a mutually beneficial solution

In which type of agreements are arbitration clauses usually mentioned?

  • Real estate agreements
  • Intellectual property agreements
  • Employment agreements
  • Commercial agreements (correct)

According to the Arbitration and Conciliation Act, 1996, how should an arbitration agreement be documented?

  • In writing as a clause or separate agreement (correct)
  • Documented in the form of a public announcement
  • Implied through the conduct of the parties
  • Verbally agreed upon by the parties

How is the number of arbitrators determined according to the Arbitration and Conciliation Act, 1996?

<p>Sole arbitrator or odd number determined by parties (C)</p> Signup and view all the answers

What is the legal status of the decision made through the arbitration process?

<p>Legally binding on both parties (C)</p> Signup and view all the answers

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Study Notes

Arbitration Process

  • The primary purpose of an arbitration process is to resolve disputes in a neutral and impartial manner.

Arbitration Clauses

  • Arbitration clauses are usually mentioned in commercial agreements, such as contracts, and other types of agreements where parties want to avoid litigation.

Arbitration Agreement Documentation

  • According to the Arbitration and Conciliation Act, 1996, an arbitration agreement should be documented in writing, and should be signed by the parties.

Number of Arbitrators

  • The number of arbitrators is determined by the Arbitration and Conciliation Act, 1996, as either a sole arbitrator or three arbitrators, depending on the agreement between the parties.
  • The decision made through the arbitration process is final and binding, and has the same legal status as a court judgment.

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