ALTERNATIVE DISPUTES RESOLUTION TECHNIQUES THE CASE OF ARBITRATION

Abstract

Earlier the parties had to refer the disputes to adjudication of the court in the event of newlineany dispute. The method of arbitration comes into vogue as an alternative to the court. newlineThis was a step towards privatization of courts. Arbitration was considered as an newlinealternative mode of resolution of disputes. Both these methods of settling the disputes newlineare adjudicatory in the nature. Arbitration is most used method of resolving newlineinternational commercial disputes. Thus cannot be considered as an alternative to the newlinelitigation. newlineIt is realized that the traditional concept of resolving the disputes through adjudication newlineis time consuming, costly. In traditional method of resolution of disputes one party newlinewins and other looses. It results into zero sum situations. It hurts the feelings of the newlineparty and many a times the relations get severed permanently. Moreover the newlineadjudicator has to act within the limits laid down by the statute. The adjudicator has to newlinedetermine the dispute within four corners of the law. The parties to litigation have newlinelittle or no autonomy once the dispute is referred to adjudication. Till recently newlinelitigation and arbitration, both adjudicatory methods were only available techniques of newlineresolving the disputes. newline