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Parties can become involved in the arbitration process in one of three ways: judicial arbitration, contractual arbitration or by stipulation.
Arbitration. Under this form of Alternative Dispute Resolution mechanism, both the parties involved in the dispute, choose the person to hear and determine their dispute through a consensus. Conciliation. Mediation. Lok Adalats. Negotiations. Advantages of Alternation Dispute Resolutions ADR.
Under Section 2 of the FAA, courts must enforce agreements to arbitrate contained in contracts which evidence a transaction involving commerce. Congress has broad authority under the Commerce Clause to regulate interstate activity, courts refused to apply the FAA to the full extent of Congress commerce powers.
However, Section 1 of the FAA exempts seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce from the FAAs coverage. ing to the Supreme Court, workers who load and unload cargo onto airplanes fall within that exemption.
Arbitration as a dispute resolution is used mostly in commercial disputes, consumer disputes, credit obligation disputes, and state or investor disputes. It can also be used to resolve disputes among the family, laborers, or workers. An arbitrator is an official person that will make the final decision.
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There are two forms of arbitration: binding and nonbinding. Under binding arbitration, the parties agree to accept the arbitrators decision as final, limiting their right to seek resolution of the dispute by a court.
Scheme of the Arbitration and Conciliation Act, 1996 Part I (Sections 2-43) Applies to the place of arbitration in India. The award granted is treated as a domestic award. Part II (Sections 44-60) Enforcement of foreign awards.
The UNCITRAL Arbitration Rules are the most popular regime for ad hoc arbitration.
Section 1 of the Federal Arbitration Act (FAA) provides that the FAA does not apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce. 9 U.S.C. 1.
Arbitration agreement.(1) In this Part, arbitration agreement means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.

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