This article has been written by Mr. Suraj Singh, a 1st year. LLB (Hons.) student from Allahabad University.
What is Arbitration?
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute, The dispute will be decided by one or more persons (the ‘arbitrators’, ‘arbiters’ or ‘arbitral tribunal’), which renders the ‘arbitration award’,An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding ,In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
Kinds of Arbitration
The following are the different types of arbitration as per the jurisdiction of the case:
1:- Domestic arbitration
In domestic arbitration, both the parties must be Indians and the proceedings take place in India itself. In the Arbitration and Conciliation Act, 1996 there is no specific definition given to domestic arbitration.
2:- International arbitration
As the name suggests, international arbitration occurs outside the domestic territory because of either a clause inserted in the agreement between the parties or the cause of action that arises from a foreign element relating to the dispute or to the parties. According to the circumstances that led to a case being filed foreign or Indian law would be applicable.
3:- Ad–hoc Arbitration
Ad-hoc arbitration refers to when parties with mutual consent opt for arbitration to resolve the dispute. It is the most common form of arbitration used in India owing to reasonable costs and adequate infrastructure. Arbitration is conducted without having any institutional proceedings, that is, it does not comply with the rules of an arbitral institution. The parties have the option to choose the rules and the procedure to be followed.The Act also provides that the arbitral tribunal or the parties can determine whether to receive assistance from an appropriate institution or individuals. In case the parties are unable to reach a consensus on the number of arbitrators, one arbitrator would be part of the tribunal after being appointed by the Chief Justice of a Supreme Court or the Chief Justice of a High Court.
4:- Institutional Arbitration
In Institutional Arbitration, the parties are free to choose a particular arbitral institution in the arbitration agreement itself. The institution’s governing body or the parties can appoint one or more arbitrators from a panel of arbitrators that had been previously agreed upon. Part I of the Act gives parties the freedom to appoint an arbitrator to deal with a specific issue.
The Institution selects one or more arbitrators who possess the skills and experience stipulated applicable in a given case when the parties do not appoint an arbitrator themselves. On the other hand, if the parties choose to appoint one themselves they can choose from the list provided by the institution.
In M/S Nandan Biomatrix Limited vs D 1 Oils Limited, 2009, the parties had agreed to resolve any dispute arising from the agreement via institutional arbitration. The Supreme Court assessed the validity of the agreement and whether the absence of a specific institution would make the agreement invalid. It was held that the parties had expressly desired to settle the disputes through institutional arbitration, making the agreement between them valid.
Advantages of arbitration in India
1:-Mutual consent of both parties – Mutual consent of both of the parties is very important role play under arbitration. Arbitration can only take place when both the parties have given their consent and the contract includes an arbitration clause.
2:-Confidential procedure – Any disclosure made by the parties in the proceedings and when the arbitration award is given is to be kept confidential.
3:-Cost–effective procedure – No exorbitant cost is charged from the parties making it common for parties to prefer arbitration over the traditional form of litigation.
4:-Freedom to choose arbitrator – The parties can select an arbitrator or agree to get an arbitrator with relevant exercise in the particular domain by the institution.
Arbitration has emerged as an appropriate forum for effectively resolving misunderstandings between the parties and amicably giving an outcome in a way that benefits both parties. The Act has been subject to a number of reforms and amendments. It has developed multifold and is still continuing to adapt to the changing needs of the public at large.
What is Entertainment Law?
So, what is entertainment law? This type of law practice is a subsection of intellectual property, dealing with individuals and companies in the entertainment industry. Legal issues related to trademarks, copyrights, and rights of publicity are at the core of the entertainment law practice.
Entertainment law, also referred to as media law, is legal services provided to the entertainment industry. These services in entertainment law overlap with intellectual property law. Intellectual property has many moving parts that include trademarks, copyright, and the “Right of Publicity”. However, the practice of entertainment law often involves questions of employment law, contract law, torts, labor law, bankruptcy law, immigration, securities law, security interests, agency, right of privacy, defamation, advertising, criminal law, tax law, International law (especially Private international law), and insurance law.
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