DIFFERENT TYPES OF ARBITRATION

SUBMITTED BY- MOHD RAMEEZ KHAN(Roll No. 1345)

SUBMTTED TO- Mr. Hrishikesh Manu

(FACULTY, ADR)

ROUGH DRAFT

In partial fulfillment of the course Alternative Dispute Resolution for completion

of BA LLB (Hons.) course

CHANAKYA NATIONAL LAW UNIVERSITY,

NYAYA NAGAR, MITHAPUR, PATNA, BIHAR,
800001
 INTRODUCTION:
Settling disputes by the disputant by referring them to persons in whom disputants have
confidence is known as arbitration. In an organized society, people cannot take law into their
own hands particularly as judicial machinery is provided by the State for getting matters settled
by competent courts, where judges are appointed by the State and the litigants are meant to bring
disputes before them. Arbitration is an extra-judicial forum and an alternative method of
settlement of such disputes. It is a process in which parties agree in writing to abide by the
judgment of particular persons in specific matters instead of going to the courts for justice.
Arbitration has many advantages: it is inexpensive, cases can be speedily disposed of and there
are no procedural technicalities. The objects of arbitration are speed, economy, convenience, and
simplicity of procedure, secrecy and the encouragement of healthy and friendly relations
between the disputants. Arbitration is increasingly being used in national and international
commercial transactions, and arbitrators are like private judges between the concerned parties.

Arbitration is distinct from litigation primarily because the parties to the dispute have the right to
choose the arbitrator depending on the type of arbitration they opt eg: ad hoc or institutional.
India is a signatory to the New York convention, which facilitates the enforcement of
international arbitral awards.

There are different categories of arbitrations namely:

Domestic Arbitration: The term “Domestic Arbitration” denotes arbitration which takes place
in India, when the subject matter of the contract, the merits of the dispute and the procedure for
arbitration are all governed by Indian law or when the cause of action for the dispute has arisen
wholly in India or where the parties are otherwise subject to Indian jurisdiction.

International Arbitration: International Arbitration” has a foreign ingredient. Arbitration

becomes “International” when at least one of the parties involved is resident or domiciled,
outside India or the subject matter of the dispute is abroad. The law applicable to an arbitration
proceedings may be the Indian law or a foreign law, depending on the terms of the contract in
this regard and the rules of conflict of laws.
Foreign Arbitration: “Foreign arbitration” is an arbitration conducted in a place outside India,
where the resulting award is sought to be enforced as a "foreign award".

Ad hoc Arbitration: Ad hoc arbitration” is arbitration agreed to and arranged by the parties
themselves without recourse to an Institution. The proceedings are conducted by the arbitrator(s)
as per the agreement between the 'parties' or with concurrence of the parties. It can be domestic,
international or foreign arbitration.

Institutional Arbitration: Institutional arbitration” is arbitration conducted under the Rules laid
down by an established arbitral organization. Such Rules are meant to supplement provisions of
the Arbitration and Conciliation Act in matters of procedure and other matters the Act permits.
The rules may provide for domestic arbitration or for international arbitration or for both and the
disputes dealt with may be either general in character or specific.

Specialized Arbitration: "Specialized arbitration" is arbitration conducted under the auspices of

arbitral institutions which might have framed special rules to meet the specific requirements for
the conduct of arbitration in respect of disputes of particular types, such as, disputes as to
commodities, construction or specific areas of technology. Some trade associations concerned
with specific commodities or Chambers of Commerce also specify that arbitration under their
rules will be conducted only between members of that organisation.

Statutory Arbitration: “Statutory Arbitrations” are arbitrations conducted in accordance with

the provisions of certain special Acts which provide for arbitration in respect of disputes arising
on matters covered by those Acts. There are about 24 such Central Acts. Among them are the
Cantonments Act, 1924, the Indian Electricity Act, 1910, the Land Acquisition Act, 1894, the
Railways Act, 1890 and the Forward Contracts Regulation Act, 1956. Many State Acts also
provide for arbitration in respect of disputes covered by those Acts, including Acts relating to co-
operative societies. The provisions of the Arbitration Act, 1940 generally apply to those
arbitrations unless they are inconsistent with the particular provisions of those Acts, in which
case the provisions of those Acts will apply (Sections 46 and 47, Arbitration Act, 1940).
OBJECTIVES OF THIS STUDY:
The aim of the researcher is to:

A) To study the background of arbitration in India.

B) To discuss the concept of Arbitration.
C) To study the different types of Arbitration.
D) To study the advantages of Arbitraion.

HYPOTHESIS:
The researcher has presumed that the concept of Arbitration holds many advantages as compared to
normal court proceedings.

RESEARCH METHODOLOGY:
As whole research work for this research will be carried out with the help of library, books and
internet. Hence the researcher in his research work will opt for doctrinal methodology of
research. Researcher will also follow the uniform mode of citation throughout the project work.

SOURCES OF DATA:
Primary Data:-

1. Case Laws

2. Legislations

Secondary Data:-

1. Books

2. Journals

3. Websites

4. Newspaper Articles
TENTATIVE CHAPTERIZATION:
1. Introduction
2. Different types of Alternative Dispute Resolution
3. Concept of Arbitration in India
4. Different types of Arbitration
5. Conclusion.

BIBLIOGRAPHY:

Websites:

1. https://www.legistify.com
2. http://www.essaysauce.com