INTERNAL ASSIGNMENT

WEBINAR REOPRT
NAME :- PANKAJ ATIBAL SRIVASTAVA
CLASS:- LLB 2ND YEAR
PRN NO:- 21220601047.
COLLAGE: TILAK MAHARASTRA VIDYAPEETH
KHARGHAR BRNCH.
REMOVAL OF ROAD BLOCKS

PLEADINGS AS EVIDENCE

Pleading

Definition
Pleading is the beginning stage of a lawsuit in which parties
formally submit their claims and defenses.

Overview
The plaintiff submits a complaint stating the cause of action.
The defendant submits an answer stating his or
her defenses and denials. The defendant may also submit
a counterclaim stating a cause of action against the plaintiff.

Purpose 
Pleadings provide notice to the defendant that a lawsuit has
been instituted concerning a specific controversy or
controversies. It also provides notice to the plaintiff of the
defendant's intentions with regard to the suit.

Procedural Rules
Pleadings are part of a larger category of procedural rules. In
state court, pleadings are generally governed by state
procedural rules (for example, see Chapter 7 of California's
Code of Civil Procedure. In federal court, pleadings are
generally governed by the Federal Rules of Civil Procedure,
particularly by Rules 7-16. 
 ALL ORIGNAL DOCUMENTS IN ARBITRATION PROCEDDINGS
 Documents only Arbitration
 The flexible nature of arbitration means that it is well-placed
to adjust, not just to short-term disruption, but also to any
broader changes in working practice that might arise as
people across the world become accustomed to, and
comfortable with, remote-working. In arbitral proceedings
speed is of the essence for the claimant, it is difficult then to
justify so-called fast track arbitration, or that there could be
 accelerated arbitration, slow, and possibly also very slow
proceedings.

 Flexibility in procedure is a hallmark of arbitration.
Arbitration allows parties to choose the most suitable
procedure to achieve an expeditious and cost-effective
resolution of their disputes. One of the major advantages of
Arbitration as an ADR is its procedural flexibility.

 The flexible nature of arbitration means that it is well-placed
to adjust, to not just short-term disputes, but also to long-
term broader changes. It allows the parties to choose a
procedure which is most suitable to their circumstances in
order to achieve the most quick and cost-effective resolution
to their disputes. One of the many procedures of Arbitration
is the Documents-only Arbitration, which generally applies to
straightforward, mid-to-low value disputes.

 Generally, high-value and complex disputes require a fairly
standard arbitration procedure � this usually involves three
arbitrators, two rounds of pleadings, document production,
examination of witnesses, an oral hearing and post-hearing
submissions. However, low-value or less complex disputes
may not necessarily warrant the standard procedural steps.
Depending on the value and complexity of a dispute, it may
be appropriate to choose from different procedural
innovations to significantly reduce time and costs.

 SIMPLIFICATION OF PROOF OF DOCUMENTS

 In order to streamline, liberalize and ease the process of issue of

passport, the Ministry of External Affairs has announced steps in
the realm of passport policy to ease the process of issue of
passports. The details of these steps are given below:-

(I) Documents in support of proof of Date of Birth

As per the extant statutory provisions of the Passport Rules, 1980,

all the applicants born on or after 26/01/1989, in order to get a
passport, had to, hitherto, mandatorily submit the Birth Certificate
as the proof of Date of Birth (DOB). It has now been decided that
all applicants of passports can submit any one of the following
documents as the proof of DOB while submitting the passport
application:

(i) Birth Certificate (BC) issued by the Registrar of Births & Deaths
or the Municipal Corporation or any other prescribed authority
whosoever has been empowered under the Registration of Birth
& Deaths Act, 1969 to register the birth of a child born in India;

(ii) Transfer/School leaving/Matriculation Certificate issued by the

school last attended/recognized educational board containing the
DOB of the applicant;

(iii) PAN Card issued by the Income Tax Department with the DOB
of applicant;

(iv) Aadhaar Card/E-Aadhaar having the DOB of applicant;

(v) Copy of the extract of the service record of the applicant (only
in respect of Government servants) or the Pay Pension Order (in
respect of retired Government Servants), duly attested/certified by
the officer/in-charge of the Administration of the concerned
Ministry/Department of the applicant, having his DOB;

(vi) Driving license issued by the Transport Department of

concerned State Government, having the DOB of applicant;

(vii) Election Photo Identity Card (EPIC) issued by the Election

Commission of India having the DOB of applicant;

(viii) Policy Bond issued by the Public Life Insurance

Corporations/Companies having the DOB of the holder of the
insurance policy.
II. Other steps:

(i) The online passport application form now requires the

applicant to provide the name of father or mother or legal
guardian, i.e., only one parent and not both. This would enable
single parents to apply for passports for their children and to also
issue passports where the name of either the father or the
mother is not required to be printed at the request of the
applicant.

(ii) The total number of Annexes prescribed in the Passport Rule,

1980, has been reduced to 9 from the present 15. Annexes A, C, D,
E, J, and K have been removed and certain Annexes have been
merged.

(iii) All the annexes that are required to be given by the applicants
would be in the form of a self-declaration on a plain paper. No
attestation/swearing by/before any Notary/Executive
Magistrate/First Class Judicial Magistrate would be henceforth
necessary.

(iv) Married applicants would not be required to provide the

erstwhile Annexure K or any marriage certificate.

(v) The passport application form does not require the applicant
to provide the name of her/his spouse in case of separated or
divorced persons. Such applicants for passports would not be
required to provide even the Divorce Decree.

(vi) In case of children not born out of wedlock, the applicant for
the passport of such children should submit only extant Annexure
C while submitting the passport application. (vii) In case of issue of
passport to in-country domestically adopted children, submission
of the registered adoption deed would no longer be required. In
the absence of any deed to this effect, the passport applicant may
give a declaration on a plain paper confirming the adoption.
(vii) Government servants, who are not able to obtain the Identity
Certificate (extant Annexure-A)/ No-Objection Certificate (extant
Annexure-G) from their concerned employer and intend to get the
passport on urgent basis can now get the passport by submitting
a self-declaration in extant Annexure-‘H’ that he/she has given
prior Intimation Letter to his/her employer informing that he/she
was applying for an ordinary passport to a Passport Issuing
Authority.

(viii) Sadhus/ Sanyasis can apply for a passport with the name of
their spiritual Guru mentioned in the passport application in lieu
of their biological parent(s) name(s) subject to their providing of at
least one public document such as Election Photo Identity Card
(EPIC) issued by the Election Commission of India, PAN card,
Aadhaar Card, etc wherein the name of the Guru has been
recorded against the column(s) for parent(s) name(s).

(ix) Orphaned children who do not have any proof of DOB such as
Birth Certificate or the Matriculation Certificate or the declaratory
Court order, may now submit a declaration given by the Head of
the Orphanage/Child Care Home on their official letter head of the
organization confirming the DOB of the applicant.

GSR 1170(E) and 1171(E) dated 26.12.2016 and other executive

instructions have been issued bringing into force these changes
with effect from 26 December, 2016. All the above changes are
expected to benefit the citizens of India applying for a passport.

C. Others

(i) An applicant for a passport has to submit any one of the

documents as mentioned in B (I) above as proof of Date of Birth
(DOB) while submitting the passport application. The DOB
mentioned in the document would be recorded in the passport. In
case there is a discrepancy between the DOB previously recorded
in the passport and the new proof of DOB submitted by the
applicant, the Passport Issuing Authorities (PIA) have been
authorized to consider the explanation of each applicant seeking
change in the DOB (irrespective of the period that would have
lapsed after the issue of the passport) to find the genuineness of
the claim and if the PIA is satisfied with the claim and with the
document(s) submitted by the applicant in support of the claim,
the PIA shall accept all such requests made by the applicant to
issue the passport with revised DOB.

(ii) Police Verification of the applicants plays an important role in

timely dispatch of passports. The Ministry along with the Passport
Offices continues to engage closely with the Police Departments
across States/Union Territories and with concerned Home
Departments to reduce time taken in police verification.

(iii) In order to speed up passport issuance, Walk-in facility has

been allowed for certain categories of services/ citizens having
Application Registration Number (ARN) to enable them to apply
for Tatkaal services ; issue of Police Clearance Certificate (PCC);
deletion of Emigration Check Required(ECR) status; inclusion of
name of spouse in passport and new booklets where pages have
been exhausted. Senior citizens (above 60 years); minors below 15
whose parents hold valid passports; differently-abled persons;
central/state government servants and their spouse/dependent
minor children, have also been permitted walk-in facility.

(iv) With a view to meet heavy and seasonal demand for passport
services, Passport Melas are being organized on weekends from
time to time by Passport Offices.

(v) In order to provide closer and speedier passport services to

people located far away from PSKs, Passport Seva Camps are
being organized at various locations in the country.

(viii) Passport Adalats, on need basis, are also being conducted by

 Passport Offices to redress passport service grievances by dealing
with citizens directly.

 BLAMESTORMING-RESULT IN THE AMENDMENTS

 In order to streamline, liberalize and ease the process of issue of
passport, the Ministry of External Affairs has announced steps in
the realm of passport policy to ease the process of issue of
passports. The details of these steps are given below:-

(I) Documents in support of proof of Date of Birth

As per the extant statutory provisions of the Passport Rules, 1980,

all the applicants born on or after 26/01/1989, in order to get a
passport, had to, hitherto, mandatorily submit the Birth Certificate
as the proof of Date of Birth (DOB). It has now been decided that
all applicants of passports can submit any one of the following
documents as the proof of DOB while submitting the passport
application:

(i) Birth Certificate (BC) issued by the Registrar of Births & Deaths
or the Municipal Corporation or any other prescribed authority
whosoever has been empowered under the Registration of Birth
& Deaths Act, 1969 to register the birth of a child born in India;

(ii) Transfer/School leaving/Matriculation Certificate issued by the

school last attended/recognized educational board containing the
DOB of the applicant;

(iii) PAN Card issued by the Income Tax Department with the DOB
of applicant;

(iv) Aadhaar Card/E-Aadhaar having the DOB of applicant;

(v) Copy of the extract of the service record of the applicant (only
in respect of Government servants) or the Pay Pension Order (in
respect of retired Government Servants), duly attested/certified by
the officer/in-charge of the Administration of the concerned
Ministry/Department of the applicant, having his DOB;

(vi) Driving license issued by the Transport Department of

concerned State Government, having the DOB of applicant;

(vii) Election Photo Identity Card (EPIC) issued by the Election

Commission of India having the DOB of applicant;

(viii) Policy Bond issued by the Public Life Insurance

Corporations/Companies having the DOB of the holder of the
insurance policy.

II. Other steps:

(i) The online passport application form now requires the

applicant to provide the name of father or mother or legal
guardian, i.e., only one parent and not both. This would enable
single parents to apply for passports for their children and to also
issue passports where the name of either the father or the
mother is not required to be printed at the request of the
applicant.

(ii) The total number of Annexes prescribed in the Passport Rule,

1980, has been reduced to 9 from the present 15. Annexes A, C, D,
E, J, and K have been removed and certain Annexes have been
merged.

(iii) All the annexes that are required to be given by the applicants
would be in the form of a self-declaration on a plain paper. No
attestation/swearing by/before any Notary/Executive
Magistrate/First Class Judicial Magistrate would be henceforth
necessary.
(iv) Married applicants would not be required to provide the
erstwhile Annexure K or any marriage certificate.

(v) The passport application form does not require the applicant
to provide the name of her/his spouse in case of separated or
divorced persons. Such applicants for passports would not be
required to provide even the Divorce Decree.

(vi) In case of children not born out of wedlock, the applicant for
the passport of such children should submit only extant Annexure
C while submitting the passport application. (vii) In case of issue of
passport to in-country domestically adopted children, submission
of the registered adoption deed would no longer be required. In
the absence of any deed to this effect, the passport applicant may
give a declaration on a plain paper confirming the adoption.

(vii) Government servants, who are not able to obtain the Identity
Certificate (extant Annexure-A)/ No-Objection Certificate (extant
Annexure-G) from their concerned employer and intend to get the
passport on urgent basis can now get the passport by submitting
a self-declaration in extant Annexure-‘H’ that he/she has given
prior Intimation Letter to his/her employer informing that he/she
was applying for an ordinary passport to a Passport Issuing
Authority.

(viii) Sadhus/ Sanyasis can apply for a passport with the name of
their spiritual Guru mentioned in the passport application in lieu
of their biological parent(s) name(s) subject to their providing of at
least one public document such as Election Photo Identity Card
(EPIC) issued by the Election Commission of India, PAN card,
Aadhaar Card, etc wherein the name of the Guru has been
recorded against the column(s) for parent(s) name(s).

(ix) Orphaned children who do not have any proof of DOB such as
Birth Certificate or the Matriculation Certificate or the declaratory
Court order, may now submit a declaration given by the Head of
the Orphanage/Child Care Home on their official letter head of the
organization confirming the DOB of the applicant.

GSR 1170(E) and 1171(E) dated 26.12.2016 and other executive

instructions have been issued bringing into force these changes
with effect from 26 December, 2016. All the above changes are
expected to benefit the citizens of India applying for a passport.

C. Others

(i) An applicant for a passport has to submit any one of the

documents as mentioned in B (I) above as proof of Date of Birth
(DOB) while submitting the passport application. The DOB
mentioned in the document would be recorded in the passport. In
case there is a discrepancy between the DOB previously recorded
in the passport and the new proof of DOB submitted by the
applicant, the Passport Issuing Authorities (PIA) have been
authorized to consider the explanation of each applicant seeking
change in the DOB (irrespective of the period that would have
lapsed after the issue of the passport) to find the genuineness of
the claim and if the PIA is satisfied with the claim and with the
document(s) submitted by the applicant in support of the claim,
the PIA shall accept all such requests made by the applicant to
issue the passport with revised DOB.

(ii) Police Verification of the applicants plays an important role in

timely dispatch of passports. The Ministry along with the Passport
Offices continues to engage closely with the Police Departments
across States/Union Territories and with concerned Home
Departments to reduce time taken in police verification.

(iii) In order to speed up passport issuance, Walk-in facility has

been allowed for certain categories of services/ citizens having
Application Registration Number (ARN) to enable them to apply
for Tatkaal services ; issue of Police Clearance Certificate (PCC);
 deletion of Emigration Check Required(ECR) status; inclusion of
name of spouse in passport and new booklets where pages have
been exhausted. Senior citizens (above 60 years); minors below 15
whose parents hold valid passports; differently-abled persons;
central/state government servants and their spouse/dependent
minor children, have also been permitted walk-in facility.

(iv) With a view to meet heavy and seasonal demand for passport
services, Passport Melas are being organized on weekends from
time to time by Passport Offices.

(v) In order to provide closer and speedier passport services to

people located far away from PSKs, Passport Seva Camps are
being organized at various locations in the country.

(viii) Passport Adalats, on need basis, are also being conducted by

Passport Offices to redress passport service grievances by dealing
with citizens directly.

TIME MANAGEMENT
Time management skills are essential because few, if any, of
us ever have enough time to do everything that is asked of
us, or that we want to do.
Time management is defined as using your time productively
and efficiently—but what about when you are working as
productively as possible, and you still can’t get everything
done? It may be better to think about time management as a
combination of working productively and prioritising your
time.
In other words, people who are good at time management
are good at getting on and doing things. They are also,
however, better at prioritising, and working out what really
needs doing—and then discarding the other things.
They can do this because they understand the difference
between urgent and important.
‘Urgent’ tasks demand your immediate attention, but whether
you actually give them that attention may or may not matter.
'Important' tasks matter, and not doing them may have serious
consequences for you or others.
For example:
Answering the phone is urgent. If you don’t do it, the caller will
ring off, and you won’t know why they called—and it might be
important. It may also, however, be an automated voice telling
you that you may be eligible for compensation for having been
mis-sold insurance. That’s not important.
Going to the dentist regularly is important (or so we’re told). If
you don’t, you may get gum disease, or other problems. But
it’s not urgent. If you leave it too long, however, it may
become urgent because you may get toothache.
Picking your children up from school is both urgent and
important. If you are not there at the right time, they will be
waiting in the playground or the classroom, worrying about
where you are. You may also inconvenience others such as
teachers who are waiting with your children for you to arrive.
Reading funny emails or checking Facebook is neither urgent
nor important. So why is it the first thing that you do each
day? See our page minimising distractions to help you
recognise and avoid other things that may distract you from
getting your urgent and important tasks done.
This distinction between urgent and important is the key to
prioritising your time and your workload, whether at work, at
home or when studying.
It enables you to work out what to do first, and what can be
left either until later, or not done at all. For example, if you
leave an urgent but unimportant task, you may find that it
becomes unnecessary.
Using a grid like the priority matrix below can help you to
organise your tasks into their appropriate categories:

PROCEDURAL SIMPLIFICATION
Attention is invited to paragraph 10.15(ii) of the Handbook of Procedures
(Vol 1) which pertains to the procedural formalities for filing of payment
certificate for claiming deemed export benefits under specific categories
of supplies. It is pertinent to note that though no specific provision
existed in the Handbook of Procedures (Vol 1) {as amended upto
31.03.2000}, the regional offices were insisting on a consolidated project
payment certificate for all the supplies effected during the month/
quarter/ half year as per the option of the applicant.
However based on various difficulties faced by deemed exporters in
cases where the supplies were being made to different entities and the
need for procedural simplification, a suitable amendment was carried out
in the Handbook of Procedures (Vol 1) {as amended upto 31.03.2001}.
The suppliers were given an option of filing a payment certificate
pertaining to supplies to a particular project or all the projects during the
month/ quarter/ half year.
This amendment was merely for simplifying the procedure for the filing of
deemed export claims especially in cases involving a large number of
supplies to different project authorities and would be applicable to all
such deemed exports effected prior to 01.04.2001 as well.

TEAM

It’s important to note that organizations have mindsets as well. When a

company encourages risk-taking and celebrates failure, they’re embracing and
encouraging a growth mindset. In these organizations, employees are highly
engaged and innovation abounds. Loyalty to the organization is strong and
people typically stick around. In fixed mindset organizations — or even those
that SPEAK about a growth mindset but actually penalize risk-taking and failure
— people are reluctant to try new things, to innovate, and to suggest
improvements, with the sense that they may fail and they may personally be
penalized.

Even worse, Dweck’s research suggests that individuals in fixed-mindset

organizations regularly keep secrets, cut corners, and cheat to try to get ahead.
She found that employees in organizations with growth mindsets are 47
percent likelier to see their colleagues as trustworthy; 34 percent likelier to
feel a strong sense of ownership and commitment to the company; 65 percent
likelier to say that the company supports risk taking; and 49 percent likelier to
say that the company fosters innovation.

Reward systems can impact organizational mindset too. Think about how
employees are rewarded, and what happens when calculated risks fail. At X,
Alphabet’s moonshot factory, Astro Teller leads the organization by publicly
celebrating failures. He says that “If you want a culture of innovation, your
organization must visibly and repeatedly reward employees whose projects
fail.”

CORPORATE PRINCIPALS APPLIED IN THE NEW ARBITRATION LAW

The doctrine of corporate personality is one of the cardinal principles of

company law. A company has a distinct legal personality from its shareholders,
and this principle is known as the "corporate veil". However, in certain
situations, courts are permitted to lift the corporate veil and determine the
true nature of the party involved in a particular dispute. This principle of
"lifting the corporate veil" has evolved over the years, and includes doctrines
like "alter ego", "directing mind", etc.

This principle has also been accepted to be applicable in arbitrations, to the

effect that courts have lifted the corporate veil and allowed non-signatories to
an arbitration agreement to be impleaded as parties in an arbitration.1 In the
context of arbitrations, this has often been referred to as the "group of
companies" doctrine. As per the said doctrine, a non-signatory may be bound
by an arbitration agreement where the parent company, holding company, or
any sister affiliate of the non-signatory is a signatory to the arbitration
agreement, and the non-signatory entity has been engaged in the negotiation
or performance of the commercial contract to which its sister concern is a
party.2 In such a scenario, the corporate veil of the signatory may be lifted to
join the non-signatory to the arbitration proceedings.

However, can an arbitral tribunal, on its own accord and without any judicial
interference, lift the corporate veil of a party to the arbitration agreement in
an arbitral proceeding? The Arbitration and Conciliation Act, 1996 ("the Act") is
silent on this question of law, and there are conflicting views propounded by
various High Courts in this regard. This article will analyse such conflicting
views, and will attempt to reconcile the divergence in light of the recent
pronouncements of the Supreme Court of India ("Supreme Court"). This article
will not focus on the factors which would justify the lifting of the corporate
veil, but solely on whether an arbitral tribunal has the power lift the corporate
veil.

ELECTRONIC ARBITRATION SYSTEMS

This post presents an overview of online arbitration (e-arbitration’) as

part of online dispute resolution (‘ODR’) techniques from both theoretical
and practical perspectives.1)
E-arbitration is a major component of online dispute resolution (‘ODR’) in
which parties can solve any dispute arising out of their contractual
relationship online. E-arbitration is mainly used for the resolution of
Business to Business (‘B2B’) cross-border e-commerce disputes, and
partially used for the resolution of traditional cross-border commercial
disputes.
 
The form requirement may not be as important in e-arbitration
In e-arbitration, the arbitration agreement is concluded, and the arbitral
process is conducted, online. In this regard, some commentators
observe that the form requirement in e-commerce contracts, including an
arbitration agreement, is not as important if the electronic document is
sufficiently definite, setting up clear signs which can be read in the
future.2)
National laws regulating arbitration in many civil law countries have
broadened the form requirement of the New York Convention on the
Recognition and Enforcement of Foreign Arbitral Awards of 1958 (‘The
New York Convention’), including Germany, France, Austria, Slovenia,
Greece, The Netherlands, Ukraine, and Switzerland. Under the laws of
these countries, the form requirement includes electronic
communications such as e-mail communications.
In practice, for example, in Compagnie de Navigation et Transports SA
v. MSC Mediterranean Shipping Company SA, the Swiss Supreme Court
interpreted Article II (2) of the New York Convention broadly, considering
that “exchange of letters or telegrams” includes any other means of
communications. The Court further observed that the form requirement
of the New York Convention was met since it was equivalent to the form
provided by Article 178(1) of the Swiss Code on Private International
Law.3)
 
 
The e-arbitration hearing can be different than traditional arbitration
In online arbitration, the e-arbitral process, including the hearing, is
entirely conducted online. For the purposes of such process, an e-file for
each e-commerce dispute is created and administered by the online
service provider. This e-file includes all notifications and communications
between the parties and the arbitrator(s), as well as the documents
submitted by the parties. In traditional arbitration, parties may likewise
agree to hold hearings online insofar that is permitted, either by national
laws or by the rules of the arbitral institution. For instance, the 2017
Rules of the International Commercial Arbitration Court of the Chamber
of Commerce and Industry of the Russian Federation (“ICAC”) provide
under Article 30(6) that either party has the right to request to participate
in the hearing by means of videoconferencing, i.e. e-hearing. The arbitral
tribunal will bear in mind the circumstances of the case, the parties’
position, and its technical feasibility when ruling such request.
 
The e-arbitration award is recognized under some national arbitration
laws
In online arbitration, an award is rendered online. An e-arbitral award
should be binding unless otherwise agreed by the parties before the
commencement of the arbitration. in case of non-binding arbitration, the
parties retain the right to submit the dispute to a court or to a binding
arbitration. The arbitrator(s) shall notify the parties of an arbitral award
via digitally signed e-mail to the parties’ e-mail addresses. The
arbitrator(s) shall also notify the online arbitral institution of an e-award.
Once an e-award is notified, the institution will close the e-file and will
ask the parties to comply with the e-award. The institution may also
publish an e-award on its website. Once an e-award has been rendered
and notified, the losing party must comply with the award voluntarily or
seek to set it aside while the winning party may seek to have the award
recognised and enforced, like any other traditional arbitral award.
Some national laws regulating arbitration in both common law and civil
law countries may not require an award to be in a specific form, and
consequently an electronic form of an arbitral award will be recognised.
In the UK, a common law jurisdiction, for example, Section 52 of the
Arbitration Act of 1996 provides, inter alia, that the parties are free to
agree on the form of an award. Similarly, in Switzerland, a civil law
jurisdiction, Article 189(1) of the Swiss Code on Private International
Law, entitled Arbitral Award, provides that the arbitral award shall be
rendered according to the procedure and in the form agreed upon by the
parties. Apart from that, in The Netherlands, the Arbitration Act
contained in the Code of Civil Procedure provides in Article 1072(b)(3)
that an arbitral award may be made and signed electronically.
Practical thoughts on issuing an e-arbitration award when the award
must be in writing
Other national laws may require that an arbitral award must be in writing.
For avoiding this practical difficulty, it is desirable that arbitrators issue a
signed and printed copy of an e-award. If online institutional arbitration is
applicable, the ODR provider “institution” must issue a printed copy
signed by the arbitrator(s), sealed by the institution and send it to the
parties through regular mail.
Making of online arbitral awards may face some challenges soon,
including the use of a machine arbitrator, noting that most national
arbitration laws of both common law and civil law countries provide that
only natural persons can act as arbitrators. However, one may observe
that “such cooperation between artificial intelligence and arbitration will
be beneficial for all participants involved in arbitration because it will
provide both parties and arbitrators with additional tools that help to
make dispute resolution more effective”.4)
STEPS IN ARBITRATION- AAMIEAA
 STEP BY STEP GUIDE TO ARBITRATION

 Step 1Show details

o Claimant
Appoints its arbitrator, pays the registration fee and files its request for
arbitration.
o SCC
Serve the Respondent the request for arbitration.
o Respondent
Appoints its arbitrator and submits an answer to the request for
arbitration.
 Step 2Show details
o Claimant
Pays its part of the advance on costs.
o SCC
Appoints a Chairperson and determine the advance on costs.
o Respondent
Pays its part of the advance on costs.
 Step 3Show details
o SCC
Refers the case to the Arbitral Tribunal.
 Step 4Show details
o Claimant
Submits its statement of claim.
o The Arbitral Tribunal
o Respondent
Submits its statement of defence.
 Step 5Show details
o The Arbitral Tribunal
Summons the Parties to a Hearing.
 Step 6Show details
o The Arbitral Tribunal

 THE PROCEDURE UNDER THE ACT OF 1996

It is a method of alternative dispute resolution that emerged to prevent
Court litigation and resolve the disputes quickly and amicably. An
amicable settlement doesn’t mean compromising at any cost. The
arbitration provides an alternative mode of dispute resolution through
an arbitrator. It includes a selection of the neutral third person who is an
expert in the area of the arbitral issue. All the parties are bound by the
rule and the time limits fixed by the arbitrator within which the dispute
is to be settled.

Need to commence Arbitration in India

In this competitive world, the delay in resolving the disputes cost a huge
loss to the corporation. Parties want to solve their disputes speedily and
amicably. The major significance of arbitration is the privacy and
confidentiality of the proceeding.

Generally, parties don’t want their disputes to become public and

diminish the image of the company. Arbitration is very flexible in time
and procedure and arbitration plays after parties’ autonomy.

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Types of Arbitration
There are two types of arbitration proceedings:

Institutional Arbitration
Institutional Arbitration is a specialized body with a permanent centre
participating and performing the function of aiding and administering in
the arbitral process as provided by the rules of the institution. These
institutes provide administrative support to the parties. Institutional
arbitration just provides the platform for the process. Parties mention in
their arbitration clause of the contract whether they want to choose
institutional arbitration or ad hoc arbitration.
The issue arises for the parties if they choose institutional arbitration for
the disputes. Various factors have to be considered in such a case:

Nature & commercial value of the disputes

Institution Rules
Past record
The reputation of the institution
Fees charged
Some reputed institutions for arbitration:

Indian Council of Arbitration

International Chamber of Commerce
Federation of Indian Chamber of Commerce & Industry
World Intellectual Property Organization
Ad hoc Arbitration
An ad hoc arbitration is one that is not administered by an institution.
The parties are required to determine all the aspects of the arbitration
such as the number of arbitrators, manner of their appointment, the
procedure for appointment, procedure for conducting the arbitration.
Ad hoc arbitration is not administered by others. The parties themselves
have to make their own arrangement for selection of an arbitrator,
designation of rules, the applicability of law, procedure and
administrative support. These proceedings are cheaper, flexible and
faster than the Institutional arbitration and cost fewer fees.

Domestic and International Arbitration

Domestic arbitration takes place in India. The arbitration is a subject
matter of the contract and merits of the disputes are all governed by
Indian law and the cause of action arises wholly in India. Both parties are
from the domestic country and all the proceeding of the arbitration are
performed in their own country or habitually resident, or home country.

International commercial arbitration refers to the arbitral proceeding

which takes place either in India or outside the country or when the
parties or subject matter of the arbitration belong to a foreign party. The
international commercial arbitration has its set of rules on the
application of the matter. Various legal systems have their own specific
rules for domestic and international arbitration.
CONCLUSION
The arbitral award shall include the following particulars at least: Names
of parties concerned, primary offices and names, residences and ID
numbers of representatives; Name, residences and ID numbers of
authorized proxies if any; Conclusion of the arbitration; Facts;
Reasoning; Date; and A statement indicating that the intention of
administrative ruling, and the procedure, time limit, and the agency for
an appeal. Conclusion of the arbitration agreement by the parties on
submitting the dis- pute to the Arbitration Center shall mean the
agreement of the parties with these Rules (with all amendments, in
effect at the moment of submission of the Request for Arbi- tration,
prior to arbitral proceedings), which is considered to be an integral part
of the arbitration agreement.

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