Author - Nandan Muppaneni
Student - ICFAI Law School, hyderabad
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ABSTRACT
Arbitration is an alternative to litigation and any civil dispute can be resolved through it. The independence to refer matters to arbitration is somewhat limited in India, however, as the legislature already has institutions in which the issues are dealt with. For example, the Telecommunications Dispute Resolution Appeal Tribunal (TDSAT) approved a ruling banning arbitration in telecommunications and broadcasting matters because under the 1997 Telecommunications Regulator Law of India there was no room for defined arbitration in its act, and this lack of definition makes it difficult to understand which disputes are arbitrable and which are not; However, the definitions taken from various jurisdictions state that arbitration depends on the civil nature of the claim and the judicial determination, and that there must be a prior agreement between the parties to the dispute that the dispute will be referred to arbitration. Hence there is a very subtle distinction between arbitration in India and the United Kingdom and a comparative analysis of the two would be beneficial.
Arbitration is an alternative to litigation and any civil dispute can be resolved through it. The independence to refer matters to arbitration is somewhat limited in India, however, as the legislature already has institutions in which the issues are dealt with. For example, the Telecommunications Dispute Resolution Appeal Tribunal (TDSAT) approved a ruling banning arbitration in telecommunications and broadcasting matters because under the 1997 Telecommunications Regulator Law of India there was no room for defined arbitration in its act, and this lack of definition makes it difficult to understand which disputes are arbitrable and which are not; However, the definitions taken from various jurisdictions state that arbitration depends on the civil nature of the claim and the judicial determination, and that there must be a prior agreement between the parties to the dispute that the dispute will be referred to arbitration. Hence there is a very subtle distinction between arbitration in India and the United Kingdom and a comparative analysis of the two would be beneficial.
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