Relevance of Arbitration in recent times

-Dev Shroff
October 25, 2021

Imagine there is a dispute between your neighbour and you about some property issues. If
this matter remains unresolved, both parties can decide to approach a court. But you do not
want to get into that long and tedious process of filing a case, paying massive amounts of
money to advocates, and not to mention the sleepless nights and headaches that the case will
cause you. So what do you do? Instead of approaching the court, you approach an arbitrator
who will make your life easier by internally resolving issues much faster than the court.
What exactly is arbitration?
Arbitration can be a process in which a dispute, by agreement of the parties, is presented to
at least one or more arbitrators who make a binding decision on the dispute. In choosing
arbitration, the parties opt for private dispute resolution rather than going to court.
It is a form of Alternative Dispute Resolution (ADR), it is a way to resolve disputes out of
court. The Dispute will be resolved by one or more persons (the "Arbitrators", "Arbitrators"
or "Arbitration Tribunal") who will issue the "Arbitration Award". An award or arbitration
award is legally binding on either party and can be enforced in court unless all parties declare
that the arbitration and the decision are not binding.
Arbitration is generally used to resolve economic disputes, particularly in the context of
international business transactions. Arbitration is also widely used in labor and consumer
matters in certain countries, such as the United States, and arbitration could also be required
by labor conditions or business contracts and should include a class action waiver. Mandatory
consumer and labor arbitration is distinguished from consensual arbitration, particularly
commercial arbitration.
Characteristics
In accordance with Section 7 of the Arbitration and Conciliation Act of 1996, "arbitration
agreement" means an agreement between the parties, all or certain disputes that have arisen
or may arise between them, to a legal relationship described, whether contractual or not.
An arbitrator is also known as an arbitration court. The judgment of the arbitral tribunal is
known as an award. In principle, no appeal can be filed against the arbitration award. An
arbitration award can only be annulled for a few reasons, such as invalid arbitration
agreement, incompetence of the parties, independence and impartiality of an arbitrator, unfair
trial, etc.
Arbitration procedures are very flexible. Arbitration also provides the parties with the
opportunity to determine the type and type of procedure that the parties wish to use for
arbitration. Whatever happens in arbitration will remain private. It is only known to the
parties and therefore the arbitrators.
The decision of the arbitral tribunal is final and easily enforceable. According to WIPO
rules, the parties must choose the arbitral tribunal immediately. International awards are
enforced by national courts under the NY Convention, which allows them to be put aside
only in very limited circumstances. More than 165 States are party to this Convention.
Acts on Indian Arbitration
Indian Arbitration act 1940-It states that all arbitration matters would be the principal civil
court or the high court of original jurisdiction. Under this act, it gives the facility to the courts
to refer the parties for arbitration. The act also allows the court to supply interim relief even
before the arbitral proceedings are over. This act has failed because the law lacked statutory
recognition of conciliation as a means of settling disputes. This developed the culture of the
court overseeing the arbitration proceedings and not giving arbitration the status of an
alternate resolution mechanism.
THE ARBITRATION AND CONCILIATION ACT, 1996- An Act to consolidate and
amend the law concerning domestic arbitration, international commercial arbitration, and
enforcement of foreign arbitral awards as also to define the law concerning conciliation and
for matters connected therewith or incidental thereto. To ensure that rules are laid down for
international also as domestic arbitration and conciliation. To ensure that arbitration
proceedings are just, fair and effective. Make sure the arbitral tribunal gives the reasons for
its award. The fundamental difference in the Laws of 1940 and 1996 was that within the
former, a celebration could initiate a court proceeding by filing a request for the appointment
of an arbitrator under Section 20 and, at the same time, a request for a restraining order as
listed. with Section 41 (b) of the Act 1940.
The Arbitration and Conciliation (Amendment) Act 2021- The Arbitration and
Conciliation (Amendment) Act 2021 was filed in Lok Sabha on February 4, 2021. Its purpose
is to amend the Act of Arbitration and Conciliation of 1996 and establish international
arbitration and establish the law for the conduct of arbitration. The bill replaces an ordinance
with the same provisions promulgated on November 4, 2020.
Relevance of Arbitration in India
The increase of arbitration means that there's an essential extrade this is found in our manner
of legislating. Another importance is in finding out the topics in a substantially lesser quantity
of time and the one-of-a-kind or the separate clauses stated withinside the business
agreement. These are paving the manner for the best and the maximum appropriate treatment
while not having to undergo the recourse of the courtrooms. Arbitration is commonly the
maximum green shape of treatment for agreement of disputes among the events, which
without a doubt does now no longer require any lengthy processes of the Court for the
choices to be made. It is cost-green, it's far time-saving, it additionally allows one to pick
their personal arbitrators. Through this, the choices are given swiftly, and in keeping with the
character of the case, they may be additionally, maximum of the time satisfactory. The
severability, separability, and the autonomy precept of the Arbitral settlement save you the
validity of 1 settlement from being overlapped with the aid of using the opposite.
Nonetheless, the 2 agreements can also additionally co-exist. Having the sort of precept does
now no longer negate the price of the opposite ideas stated withinside the agreement,
however, ordinarily provides directly to the one's ideas. Thus it performs an essential function
whilst the contractual clauses stand up whilst coping with the disputes.
The increase of arbitration indicates the essential extrade in our manner of legislating and
finding out the topics in a completely brief period and the separate clauses in the business
agreement are paving the manner for the maximum appropriate and powerful treatment with
no recourse to the court. However, there are positive matters which need to be stored
withinside the thoughts whilst drafting the agreement for resolving the dispute thru
Arbitration with appreciation to the consent of the events. In exercise, nearly all arbitration
agreements are concluded withinside the shape of arbitration clauses.
Importance of Arbitration
The significance of arbitration in business transactions, specially worldwide ones (because
the maximum suitable manner to solve disputes of a worldwide nature), is that the character
of those transactions is simple, clean, and formal. It calls for speed, confidence, flexibility,
and confidentiality withinside the proceedings. Commercial items and services, as a way to
keep away from counterfeiting and counterfeiting in their products. This is their proper to
hold their ownership. This necessitates tries at mediation and conciliation from the start to
expeditious agreement of such disputes in business transactions, To make sure the privateness
of the dealings and affection that carry collectively the events and attempt to carry the
perspectives towards mutual understanding.
Conclusion
It is evident that arbitration has evolved over the years as the ideal tool for resolution of
disputes that saves the court’s time and largely instrumental in assisting the parties to resort
to quick remedial measures. Every arbitration is based on insightful application of law and its
evolution is proof of its significance in the actual proceedings. Thus, arbitration has emerged
as the most preferred platform for quick resolution of disputes especially in the industrial and
the corporate realm.
References:
https://www.wipo.int/
https://en.wikipedia.org/
https://www.mondaq.com/
https://www.indiacode.nic.in/
 Environmental Law in Recent times
The need for protection and preservation of the environment and the sustainable use of
natural resources is reflected in the constitutional framework of India and also in the
international commitments of India. The constitution under Part IVA (Art. 51 A Fundamental
Duties) obliges all citizens of India to protect and enhance the natural environment, including
forests, lakes, rivers and wildlife, and to have compassion for them. living beings.
Furthermore, in accordance with Part IV (Art. 48A Guidelines for State Policy), the
Constitution of India states that the state shall endeavor to protect and enhance the
environment and protect the country's forests and wildlife.
Even before India became independent, there were several environmental protection laws.
However, the real push to put a well-developed framework into practice came after the
United Nations Conference on the Human Environment (Stockholm, 1972). After the
Stockholm Conference in 1972, the National Council for Environmental Policy and Planning
was created within the Ministry of Science and Technology to establish a regulator to deal
with environmental issues. This council later became a full-fledged Ministry of Environment
and Forests (MoEF).
The constitutional provision of Environmental Law

There are certain constitutional provisions that give certain power and rights to the citizens to
protect the environment. Let’s have a look:
Article 48A: This Article comes under the Directive principle of the State policy. This article
implies that State shall endeavor to protect the environment. It also emphasizes on
safeguarding the forests and wildlife of the country. Article 48A imposes a duty on State to
protect the environment from pollution by adopting various measures.
Article 51A (g): Article 51 A(g) states that it shall be the duty of every citizen of India to
protect and improve the natural environment that includes lakes, rivers, forests and wildlife.
This article also focuses on showing compassion for living creatures. This article is similar to
Article 48A, but the only difference is that it concentrates on the fundamental duty of citizens
whereas Article 48A instructs the state to perform its duties and protect environment. Hence,
we must not only protect the environment from pollution but also improve its quality.

Article 253: This Article gives the power to Parliament to create laws for the country in order
to implement any treaty conventions and agreements with other countries. By this article,
Parliament enacted various laws to protect environment like - Water Act 1974, Air Act 1981
and the Environmental Protection Act 1984.
Acts relating to environmental law
The Wildlife Protection Act of 1972 aims at rational and modern management of wildlife.
The Water (Prevention and Control of pollution) Act of 1974 establishes the establishment
of pollution control bodies both in the Center and in the States to act as vigilantes in the
prevention and control of pollution.
The Air (Prevention and Control of Pollution) Act of 1981 aims to control air pollution
through pollution control agencies.
The Forests (Conservation) Act 1980 aims to curb deforestation and the diversion of forest
lands.
The Public Liability Insurance Act of 1991 establishes compulsory insurance to provide
immediate assistance to the person affected by accidents related to the handling of dangerous
substances.
The Biological Diversity Act 2002 safeguards the threatened species, prevents biopiracy and
water scarcity. It also regularizes the usage of natural resources and avoids its over-
exhaustion
The Environment Protection Act 1986, the environmental legislation in India provides a
single focus in the country to protect the environment and aims at plugging the loopholes in
the existing legislation.

Important legislations for Environment Protection

The National Green Tribunal Act, 2010
The National Green Tribunal Act 2010 provides the effective and expeditious disposal of
cases related to conservation of forests, environmental protection and enforcement of any
legal right relating to the environment. The Act also gives proper compensation and relief for
damages to persons and property and connected matters. The Act contains proper clauses on
the jurisdiction, powers and proceedings of the tribunal and penalties of contravention.
The Environment Protection Law, 1986

The Environment (Protection) Act, 1986 is one of the environmental law bare acts that
provide the protection and improvement of the environment. Here, the term ‘Environment’
includes components like air, water and land and also the relationship between them
including human beings, microorganisms and plants. The Environment Protection Act, 1986
had enacted this law at the United Nations Conference in order to protect the human
environment.
Hazardous Wastes (Management, Handling and Transboundary) Rules, 2008: It guides about
the manufacture, storage and import of hazardous chemicals for managing hazardous wastes.
Biochemical Waste (Management and Handling) Rules, 1988: These rules were formulated
for proper disposal, segregation and transport of infectious wastes.
Municipal Solid Wastes (Management and Handling) Rules, 2000: It aims at enabling
municipalities to dispose of municipal solid waste in a scientific manner.
Significance of environmental law
Environmental laws and regulations are critical to protecting humans and the various plants
and animals in the broader ecosystem in which we live. Environmental law ensures that
individuals, governments and collaborations do not harm the environment or its ecosystems.
It is fundamental for the establishment, regulation and interpretation of the various
conventions and laws that have been initiated by various countries and international
organizations around the world in order to prevent violations that represent a threat to the
environment and therefore to humanity in its entirety
Components of environmental law
Environmental law deals with a wide variety of areas. These are some of the key areas that
are governed by environmental law and its principles.
Reduction of air pollution and maintenance of air quality
Refers to the measures that have been taken to maintain air quality. That is, the application
of rules and regulations after determining the safe level of emissions related to motor
vehicles, industrial emissions and daily use. The best known examples of this are emissions
tests and periodic cyclical vehicle safety tests.
Water quality
Water quality laws mainly deal with the release of pollutants into different bodies of water.
In all countries, water quality laws list the various contaminants that must be addressed
before they enter the water, as well as the substances that must be chemically changed and
inerted before removal. These include sewage, agricultural waste, industrial waste, and also
liquid construction site waste.
Waste management
Waste management laws regulate the transport, treatment, storage and disposal of all types of
waste, including municipal solid waste, hazardous waste and nuclear waste. In general, waste
laws are designed to minimize or regulate the uncontrolled release of waste in the
environment. That means minimizing ecological or biological damage. This is ensured by
categorizing the types of waste and correctly determining the transport, treatment, storage and
disposal of waste.
Containment cleanup, damage mitigation
 While it is undeniable that the main objective of environmental legislation is to prevent
future environmental damage, it is also important to mitigate and reduce existing damage.
This area often addresses issues such as toxic leaks and oil spills. The central objective of
this environmental law is the decision of responsibility, the planning of an adequate response
and the determination of the best investigation and control procedure in the general
remediation process. This area also deals with long-term risk investigation and assessment
in order to better mitigate future accidents and risks.
Chemical safety
The safe handling of chemicals is also covered by environmental legislation. It is primarily
concerned with the correct storage of chemicals, their use, the use of appropriate safety
equipment, and ensuring the legal authorization and legal distribution of various chemicals.
All this with the ultimate goal of preventing environmental threats that may arise from
mismanagement. This legal form is relevant to a variety of disciplines, from repair garages to
sophisticated testing labs.

Conclusion
Given the increasing importance that the world community gives to the environment and its
protection, there will be an increasing need for a stable legal framework to facilitate any
potential growth or change. This, of course, means the establishment of more conventions,
legislation, and rules in the sphere of environmental law. To facilitate this demand we will
need more law professionals that are well versed in the intricacies of environmental law and
the various rules and principles that it has been built on. As a result, environmental law will
be a good area for up and coming lawyers to look into, especially in countries such as ours
where the more traditional disciplines are fast filling up.
References:
https://www.mondaq.com/
https://www.legitquest.com/
https://blog.ipleaders.in/