Arbitration & Conciliation are the most effective negotiation processes which help resolve the conflicts easily, swiftly, and in a customized way so that going forward they do not become the matter of litigation. Resolving a dispute at the earliest proves beneficial for both the parties in running their business operations efficiently and smoothly.
KMDS provides arbitration and conciliation services to avoid venturing into complicated commercial disputes which may not see a resolution in a realistic time frame.
Arbitration is a form of alternate dispute resolution mechanism wherein disputes are handled and solved privately by individuals as arbitrators with the mutual agreement of parties, without resorting to judicial intervention.
We assist our clients in requesting the arbitration, developing the commercial and arbitration agreements, rendering the advisory and representation services and summarising the conflicts and allegations.
Conciliation helps you settle the conflicts without going to the court, which prevents time, energy, money wastage along with the stress of going to a hearing. This settlement will be customized to your requirements and objectives and will be imposed on you by the judiciary.
As skilled conciliators, we aim to ensure prompt settlement between the parties. We try to figure out the conflicts raised between the parties through discovering the complexity and ambiguity of the situation and fix the issues with the utmost satisfaction of parties.
Mediation is a dynamic, structured, interactive process where an impartial third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process.
Mediation is another form of Alternate dispute resolution, where we assist the parties in resolving the conflicts with concrete effects.
A negotiation is a strategic discussion that resolves an issue in a way that both parties find acceptable. Another method of resolving the dispute, where requisite steps are been taken for compromise or agreement while avoiding argument and dispute.
In order to achieve a desirable outcome, we follow a structured approach to negotiation which includes stages viz: Preparation, Discussion, Clarification of goals, and Negotiate towards a Win-Win outcome, Agreement and Implementation of a course of action.
In any negotiation, Attitudes, Knowledge and Interpersonal Skills are three elements which keeps keen importance and affect the ultimate outcome of the negotiation.
Due to limits placed in procedures and actions, the Act was much awaited to be reframed with revised amendments which finally came into light in 2019. Amendments bring out provisions to deal with domestic and international arbitration and define the law and procedures to bring in effectiveness in conciliation proceedings.
Previously in case of disagreement between parties, arbitrators were appointed by the parties with mutual consent of the parties can request Supreme Court or High Court or any third person or institution to hire an arbitrator. With the amendments in the Act bill, The Supreme Court and High Court have been given a responsibility to set up arbitration institutions for the appointment of arbitrators. For international arbitration, appointment powers to such institutions shall be provided by the Supreme Court and for domestic, the High Court shall take the initiative. In case, there are no arbitration institutions setups, the Chief Justice of the concerned High Court will maintain a panel of arbitrators to hold arbitrations.
For the appointment of arbitrators, an application shall have to be disposed of within 30 days.
The seeks for establishing the Arbitration Council of India (ACI), an independent body for handling arbitration, mediation, conciliation and dispute redressal mechanism, rules and procedures.
The function and responsibility of the ACI are :
The Act clearly defines the composition of members of the Arbitration Council (ACI) as :
The Amendment puts a relaxation on the time restrictions placed for domestic and international arbitrations and directs to dispose of arbitration proceedings within a period of 12 months.
The Amendment places a restriction on the time taken to file written submissions and the defense to the claim before an arbitral tribunal. The amendment now requires the written claims in an arbitration proceeding should be completed within 6 months.
The Amendment in Act seeks to keep confidential details of arbitral proceedings except for details required in certain circumstances. Disclosures shall be made only when necessary or while enforcing the award.
The Arbitration and Conciliation (Amendment) Act, 2019, has recognized the Company secretaries who are in practice for more than 10 years, as the persons qualified to get appointed as ‘Arbitrator’ and the partners of KMDS are eligible to get appointed as ‘Arbitrators’.
KMDS assists its clients by representation services relating to arbitration & conciliation matters and by assisting parties in securing appropriate injunctions and orders for preserving and protecting rights of aggrieved parties.
Our principles is making complex simple and we are specific to our client requirement and always try our level best to deliver satisfactory services in any case. We strive to build the trust of our clients in the best possible manner.
Understanding of the situations and legal regulations involved, we always attempt to create logical conclusion with the help of various modern techniques and ensuring completion in time specific manner.
Craft a solution beneficial for the disputants through the most structured and confidential way, we ensure the fruitful and gainful outcomes for our clients.
Meet our partner CS Milind Kasodekar who is registered as a Mediator and Conciliator with the Regional Director (West) and Regional Director (North West).