Tariq Lambe
(Querist) 19 August 2017
This query is : Resolved
My question related to Arbitration is as follows.... Point 1 The basic crucial feature of Arbitration is that, The Arbitration matter takes place out of the courts due good number of advantages, In it the parties to the case hire a arbitrator who acts as a mediator.
Point 2 What i wanted to ask is that, The cases which are referred to the Arbitrators outside the court definitely satisfies the crucial feature of the Arbitration..... But what about the Cases of which trial do take place in the courts which are being named as ADR/---- which are arbitration matters.
If ADR matters are being heard in the court so how does the feature discussed in Point 1 above is satisfied.
Actually i tried to search alot about it but wasnt able to crack the doubt hence posted over here as a source of last resort. I am a Law student and the query arrived in the mind while attending the proceeding at Bombay High Court.
Guest
(Expert) 20 August 2017
ADR solely depend upon the mutual consent of both the parties. But, once a case is filed in the court that becomes the liability of the court to decide unless both the parties agree to opt for ADR.
Kumar Doab
(Expert) 21 August 2017
The court shall decide if the matter falls under the category that are not fit for arbitration.
Kumar Doab
(Expert) 21 August 2017
Consent of the parties shall not matter if the case is under excluded category.....
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