Book Description

The existence of disputes in the modern world is the day today phenomena. If the disputes are not resolved it leads to break down of relationships between the people in a commercial capacity. The resolution of disputes by the alternative method is not a new process but it was found during the vedic period. The Panchayat system was the powerful mechanism of disputes resolution in olden days. The freedom of trade was restricted within the community and to number of villages. In modern States, the liberalization of trade and commerce between the States leads to interchange of commerce. Due to lack of universal law to regulate the interstate commerce and trade the United Nations Commission on International Trade Law ( UNCITRAL) has drafted a codied law to be made applicable to all the members State in relation to dispute resolution systems. The Docket Explosion in the trial courts and delay in delivering justice to the litigants the Civil Procedure Code has been amended in the year 1999 and 2002. Section 89 of Code of Civil Procedure as amended and mandates the court to refer the parties to settle their disputes through Arbitration, Mediation, Conciliation and Negotiation. The Supreme Court of India also upheld the constitutionality of Section 89 of the Code of Civil Procedure. To give consideration to UNCITRAL Model law on International Commercial Arbitration, India enacted the domestic law. The Arbitration and Conciliation Act of 1996 is the replica of the UNCITRAL Model Law on International Commercial Arbitration. The Part-III of the law says about the Conciliation procedure for peaceful resolution of disputes. The Supreme Court of India has been held that, the right to life includes the right to speedy trial. Henceforth the resolution of disputes through alternative mechanisms is in need to commercial world today. If the disputes settled as early as possible the freedom of trade and commerce of the individuals will go in a smooth way. The existence of amicable relationship between the parties in day today business is essential element of success. The commercial relationships are mainly based on day today earnings of prot. So, alternative dispute resolution is a best mode of dispute resolution in uniformity with the International law and norms Governing practices.