The Impact of Financial Regulation on Indian Arbitral Institutions and Corporate Compliance
DOI:
https://doi.org/10.53469/jgebf.2024.06(07).04Keywords:
Arbitration, State, Dispute, Commercial, CorporateAbstract
Arbitration is a legal process that promotes the resolution of private disputes, commonly employed for business conflicts, particularly in the context of multinational transactions. The recognition of this practice in India in the late 19th century and was subsequently extended to various parts of British India in 1908. The Arbitration and Conciliation Act 1996 was enacted in 1996 with the purpose of dealing with both domestic and international arbitration. International commercial arbitration is a substitute approach for settling conflicts between private entities that arise from business transactions across different countries. It enables parties to bypass legal proceedings in national courts. In the legal matter of Marriott International Inc. versus Ansal Hotels Limited, the party appealing the decision aimed to contest an order issued by a single judge. The appellant contended that the single petition for relief on multiple causes of action was not viable, as each contract constituted an autonomous agreement aimed at delivering services.
References
Edwards, H. T. (1985). Alternative dispute resolution: Panacea or anathema. Harv. L. Rev., 99, 668.
Banuri, T. (1991). Economic liberalization: No panacea. The Experiences of Latin America and Asia.
Avgar, A. C., Lamare, J. R., Lipsky, D. B., & Gupta, A. (2013). Unions and ADR: The relationship between labor unions and workplace dispute resolution in US corporations. Ohio St. J. on Disp. Resol., 28, 63.
Phillips, F. P. (2008). Diversity in ADR: More Difficult to Accomplish than First Thought. Disp. Resol. Mag., 15, 14.
Lipsky, D. B., Avgar, A. C., & Lamare, J. R. (2016). The evolution of conflict management policies in US corporations: From reactive to strategic. Reframing resolution: Innovation and change in the management of workplace conflict, 291 - 313.
McKinnon, R. I. (1993). The order of economic liberalization: Financial control in the transition to a market economy. JHU Press.
Arya, G. B., & Sebastian, T. (2012). Critical Appraisal of Patent Illegality as a Ground for Setting Aside an Arbitral Award in India. Bond L. Rev., 24, 157.
Cronin - Harris, C. (1995). Mainstreaming: Systematizing corporate use of AAlb. L. Rev., 59, 847.
Lipsky, D. B., & Seeber, R. L. (1998). The appropriate resolution of corporate disputes: A report on the growing use of ADR by US corporations.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2024 Bilal Zayoun, Bijayananda Behera
This work is licensed under a Creative Commons Attribution 4.0 International License.