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Legal Observer, SoftSettle Support

In India we used to witness the dispute resolution mechanisms like arbitration in the form of ad-hoc or institutional arbitration. Institutional Arbitration is conducted under the guidance and well-tested rules of an established arbitral organization whereas under Ad hoc arbitration, the parties have to draft their own rules and procedures to fit the needs of their dispute.

Heated debate about arbitration process prevailing in India are heading towards finding the suitable form of arbitration mechanism to settle the business disputes. The ad-hoc arbitration naturally being accepted by the  practising independent lawyers as their favourite professional practice but now subjected to serious allegations and observations so far as some corrupted practices and falsified activities used to crop up in the process. The ad-hoc arbitration encounters with so many problems like lack of organized setup and the clients used to face the difficulties resulting out of this disorganization of the process. The lawyers who acts as Arbitrators will also find it rather difficult to counter the problems like recalcitrance of the clients and the absence of the strict specification of the time and period of each stage always make the lawyers find it rather difficult to discharge the duties of an Arbitrator. The clients are encountered with the problems like lawyer’s ineptness and delaying tactics which may pave for more sittings likely to fill the pockets of the lawyers. This ultimately may delay the entire proceedings and as such the Arbitration may take undue delay in settling the cases. Ultimately there is nothing that would make the arbitration charming when compared to litigation as adhoc arbitration also incurs huge expenses for parties.

Arbitration offers greater flexibility, prompt settlement of national and international private disputes and restricted channels of appeal than litigation. This is where the institutional arbitration excels over ad-hoc arbitration so far as the advantages like pre-established rules and procedures are available with institutions which offer Arbitration to the parties to settle disputes, save parties and their lawyers and also facilitates the drafting an arbitration clause. You can experience the administrative facilitations from the arbitral institutions would help you (clients) to undergo the procedure easily without any delay. When you encounter with any deadlock you would be advised by the rules and procedure of the institutions in addition to the advice by the concerned staff of the institution rather than going to the court for its intervention that used to happen in the process of ad-hoc arbitration.

While you choose the online platform Mediator Affair, you would be benefitted with two pronged advantages which being offered by the institutions and the platform. The procedural options offered by Mediator Affair would facilitate you to be served with all specifications in respect of specific schedules and timeframes could enable them meeting all sorts of requirements and compliances prior to and during the process. Mediator Affair offer the opportunity to select your favourite institution along with the selection of qualified arbitrator. The constant monitoring of the proceedings facilitates to ensure that the arbitration is completed and an award is made within reasonable time and without undue delay.  

The enhanced excellence on the part of the online resolution platform Mediator Affair along with the use of institutional dispute resolution mechanism in commercial disputes arising out of the violation of contractual obligations, if properly implemented can go a long way in overcoming the shortcomings of litigation in our country.