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REDDYANDREDDYASSOCIATES 55dafb5d4ec0a407c44969ae Services https://www.reddyandreddylawfirm.com

SAGEGUARDING THE EFFECTIVENESS AND PURPOSE OF A...

  • 2023-02-04T05:27:48

SAGEGUARDING THE EFFECTIVENESS AND PURPOSE OF ARBITRATION IN SMALL-VALUE CLAIMS IS IMPORTANT: SUPREME COURT OF INDIA The Supreme Court of India, in the case of Shree Vishnu Constructions vs. The Engineer in Chief Military Engineering Service & Ors., has recognized that there had been delays in the deposition of applications made under Section 11 of the Arbitration and Conciliation Act, 1996. Considering a report on the matter, the Court determined that there were outstanding applications dating back to 2006. The Apex Court further stated that if such applications are not decided within a reasonable period of time, particularly within one year of filing, the objectives of the Act would be defeated. In situations where the parties are unable to appoint an arbitrator through mutual consent or in accordance with established procedures, they are compelled to seek the intervention of the courts under Section 11 of the Act, an intervention they originally sought to avoid through the choice of arbitration. Unfortunately, the courts have consistently failed to meet the expectations of those seeking expedited resolution, often taking extended periods of time to appoint an arbitrator. With the growing trend of adopting Alternate Dispute Resolution system, Reddy & Reddy Law Firm offers services of Arbitration, Mediation and Conciliation. Along with this, firm also takes up the matters of Family law, Commercial and Corporate matters, etc.

SAGEGUARDING THE EFFECTIVENESS AND PURPOSE OF ARBITRATION IN SMALL-VALUE CLAIMS IS IMPORTANT: SUPREME COURT OF INDIA The Supreme Court of India, in the case of Shree Vishnu Constructions vs. The Engineer in Chief Military Engineering Service & Ors., has recognized that there had been delays in the deposition of applications made under Section 11 of the Arbitration and Conciliation Act, 1996. Considering a report on the matter, the Court determined that there were outstanding applications dating back to 2006. The Apex Court further stated that if such applications are not decided within a reasonable period of time, particularly within one year of filing, the objectives of the Act would be defeated. In situations where the parties are unable to appoint an arbitrator through mutual consent or in accordance with established procedures, they are compelled to seek the intervention of the courts under Section 11 of the Act, an intervention they originally sought to avoid through the choice of arbitration. Unfortunately, the courts have consistently failed to meet the expectations of those seeking expedited resolution, often taking extended periods of time to appoint an arbitrator. With the growing trend of adopting Alternate Dispute Resolution system, Reddy & Reddy Law Firm offers services of Arbitration, Mediation and Conciliation. Along with this, firm also takes up the matters of Family law, Commercial and Corporate matters, etc.

  • 2023-02-04T05:27:48

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