Scope of Arbitration in legal field, Advantages and Disadvantages

                                                       Scope of Arbitration in legal field, Advantages and Disadvantages             
                                                                                                    By- Sakshi Singhi

Arbitration has emerged as an alternative to litigation in the legal field. Arbitration is a legal process of dispute resolution which allows the parties to settle a dispute without going to court by an impartial third party called arbitrator. The parties may appoint one or more arbitrator as per the arbitration agreement. This method of dispute resolution is used in various areas, from business and commercial to international relations.

Scope of Arbitration Arbitration scope has been expanded over the years. The scope of arbitration is no longer confined to few areas of law and can be applied to numerous legal issues providing confidential and efficient way of resolving disputes without lengthy court proceedings, including but not limited to:

1. Commercial Disputes: Arbitration is widely used in commercial matters such as business disagreements, contract disputes, etc.

2. Employment Disputes: workmen harassment, labour and employment issue, etc can be resolved through arbitration.

3. International Disputes: Arbitration plays a key role of peaceful resolution of disputes between countries or individual of different corporations. It allows parties to select a neutral forum for amicable and peaceful resolution to their disputes.

4. Family and Divorce matters: Matters related to family especially divorce and child custody, can be confidentially resolved with arbitration. It also let the party to control over the outcome of their disputes.

5. Construction Disputes: Construction industry often relies on arbitration to resolve disputes related to contract disputes, project delays, etc. Arbitration expedite the resolution of disputes which helps in keeping projects on track.

Advantages of Arbitration

1. Speed and Efficiency: One of the primary advantages of arbitration is its more expeditious resolution of disputes than court trials. This efficiency can save parties time and money.

2. Flexibility: Parties can tailor their dispute resolution process, including selection of arbitrator, rules, etc.

3. Confidentiality and Privacy: Arbitration unlike court proceedings it is private process ensuring the confidentiality of parties.

4. Award: Arbitration award are binding and enforceable reducing likelihood of appeals. It provides a sense of closure and certainty to the parties involved.

Disadvantages of Arbitration

1. Limited Appellate Review: Arbitration award is not subject to appeal except in case of fraud and misconduct.

2. Loss of Public Accountability: Court proceedings are public record providing accountability and transparency. Arbitration being private in nature limits public oversight.

3. Potential of Bias: Arbitrator must be neutral with the parties. In case the arbitrator selected by the parties is partial, it can lead to concerns about fairness and impartiality.

4. Limited Discovery: Arbitration involves limited time discovery unlike court proceedings. The parties may feel they didn’t have an opportunity to gather evidence and prove their case. Conclusion In the era where time, confidentiality, and flexibility are increasingly valuable, arbitration has emerged as an alternate dispute resolution making it an intimidating force in modern legal system. It has its own disadvantages but the benefits of arbitration are undeniable.