Where there has been an infringement of rights, there has always been a remedy available. Breach of a legal right or duty raises a dispute. For illustration consider an individual possessing his right of ownership over his automobile, if his rights of owning the same are infringed through theft, then arises a situation of dispute between the owner of such an automobile and the person accused of committing theft. Under such circumstances the remedy available is penalization under the Indian Penal Code, 1860. Based upon the nature of dispute, the possible remedy for the same has to be found out and so is the method in which it has to be dealt. Under the Civil Law the basic remedy available at large are compensation, award of any injunction or even writs and where as under the Criminal law the remedy available is penalization through imprisonment or payment of fine or even both.
The prevailing method to deal with the situation of dispute can be classified into Litigation and Arbitration. Both litigation & arbitration are use full means to solve the dispute amongst individuals, group of individuals or even corporates. Litigation directs at the usual court room scenario wherein the parties at dispute are represented by attorneys before the hon’ble judge who hears over the entire matter, examines the material evidence and thereafter pronounces the judgment. Litigation in India has entirely a different scenario; it is highly debatable under the current circumstance wherein over 25’000 cases are pending with the judiciary. Entertainment of new cases in courts and speedy disposal of the same is big factor to be decided.
However the Indian judiciary provides as many as Adjudicating Authorities to deal different dispute situations and provide speedy disposal of the same. These adjudicating authorities have been established in a hierarchical order, where the apex court is the Hon’ble Supreme Court of India. Disputes of every nature have been analyzed and an adjudicating authority for the same has been established. All the consumer disputes are adjudicated by the Consumer Forums established throughout the nation; all criminal cases are adjudicated by the Metropolitan Magistrate of or the Criminal Courts and all civil cases are adjudicated by the City Civil Courts. High courts are established in every state and are highest adjudicating authority within the each state. Who so ever being aggrieved by the orders or judgments of a lower court, may appeal to the immediate higher court seeking a review or revision of the same. Such appeals maybe dealt with in the state up to the high court or the Supreme Court in term of territorial limits. Each and every court is established based on two factors of jurisdiction. Firstly the geographical limitation and secondary being the pecuniary term (Value of the suit being filed). On other hand Arbitration seems to be taking speedy pace in dispute resolution.
Arbitration is a method wherein the parties to dispute amicably settle the entire dispute amongst themselves by constituting a tribunal of arbitrators who hear and dispose the dispute by passing an award, which is deemed to have a binding effect upon the parties. Under the scope of the Arbitration and Conciliation Act, 1996 the parties at dispute are free to appoint the arbitrators, presiding officer (Judge), the place of the arbitration, laws to be followed and even binding nature of the award. Arbitration may be used as dispute resolution mechanism between individuals and corporates.
Arbitration seems to be taking pace in the international level of justice also. The scope of International Commercial Arbitration is whole root cause of its evolution. Commercial Arbitration is basically the amicable dispute resolution between the corporates or business entities. It basically involves trade disputes or even labor disputed. The term International Commercial Arbitration connotes towards the amicable settlement of disputes between corporate entities at different nations. Under such circumstances the arbitration takes place in a neutral place where neither of the parties reside or conduct their business activities. Today International Commercial Arbitration has gained a lot of attention through out the other nations and even in India.
With the provisions of both Litigation and Arbitration under the Indian law Dispute Resolution has been easy for the common man. The only hope and expectation of every common man in the situation of dispute is Remedy made available and above all “Justice”.
Author:
Siddharth Chitturi
Student, Final Year of BBA.LLB (Hons) of
ICFAILawSchool, Dehradun, Uttarakhand, India
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