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FAQs on NCERT Textbook: Arbitration, Tribunal Adjudication & Alternative Dispute Resolution - Legal Studies for Class 12 - Humanities/Arts
| 1. What is arbitration and how does it differ from tribunal adjudication? |  |
Ans. Arbitration is a method of dispute resolution where a neutral third party, known as an arbitrator, makes a binding decision on the dispute after considering the evidence and arguments presented by both parties. On the other hand, tribunal adjudication involves the resolution of disputes by a panel of judges or experts appointed by the government. The main difference between arbitration and tribunal adjudication is that arbitration is a private process chosen by the parties, while tribunal adjudication is a public process governed by specific laws and regulations.
| 2. What are the advantages of alternative dispute resolution methods? | |
Ans. Alternative dispute resolution (ADR) methods, such as arbitration and mediation, offer several advantages over traditional court litigation. Firstly, ADR methods are generally faster and more cost-effective compared to court proceedings. Secondly, they provide the parties with more control over the process and outcome, as they can choose the arbitrator or mediator and actively participate in the resolution. Additionally, ADR methods are often confidential, allowing the parties to maintain their privacy and protect sensitive information.
| 3. How does arbitration ensure enforceability of its decisions? | |
Ans. Arbitration ensures the enforceability of its decisions through the use of national and international laws. The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards is a significant international treaty that provides a framework for the enforcement of arbitration awards across different countries. Under this convention, an arbitration award issued in one country can be recognized and enforced in another country, subject to certain limited grounds for refusal. Additionally, many countries have their own domestic laws that govern the enforcement of arbitration awards within their jurisdiction.
| 4. Can a dispute be resolved through alternative dispute resolution methods without going to court? | |
Ans. Yes, alternative dispute resolution (ADR) methods offer a means of resolving disputes without going to court. Parties can voluntarily choose arbitration, mediation, or other ADR methods to resolve their disputes outside the court system. These methods provide a more flexible and less adversarial approach compared to traditional court litigation. However, it is important to note that the enforceability of ADR outcomes may depend on the legal system and the specific agreements made by the parties.
| 5. What are the key differences between mediation and arbitration? | |
Ans. Mediation and arbitration are both alternative dispute resolution (ADR) methods, but they differ in their approach and outcomes. In mediation, a neutral third party, known as a mediator, facilitates communication and negotiation between the parties to help them reach a mutually acceptable solution. The mediator does not impose a decision but assists the parties in finding a resolution. On the other hand, arbitration involves a neutral third party, known as an arbitrator, who listens to the arguments and evidence presented by both parties and makes a binding decision on the dispute. Unlike mediation, arbitration results in a final and binding decision, similar to a court judgment.
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