Council for National and International Commercial Arbitration (CNICA)

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[edit] General Information

  • Official name: Council for National and International Commercial Arbitration
  • Country: India
  • City: Chennai
  • Type of organization: Non-profit organization
  • Date of creation: 1996 – 2004 (dispute resolution service)
  • Interests: Arbitration - Conciliation – Mediation - Training
  • Fields of expertise: Commercial Disputes

[edit] Description

[edit] Origin

CNICA has been dispute resolution service provider since January; 2004. The council is a leading body in arbitration and alternative forms of dispute resolution ADR and is committed to upholding the highest standards in arbitration and ADR. The council provides and promotes national as well as international arbitration as an appropriate and desirable means for the resolution of commercial disputes.

[edit] Viewpoint

Globalization has expanded the arena of trade across the world. The fast and competitive world requires quick decisions and resolutions to keep in pace. Yet there has to be justification and precision. As human minds and nature is involved in trade and commerce, disputes are inevitable albeit unfortunate aspect of business life. Most of the disputes are resolved through amicable negotiation or settlement. Others are constrained to approach the concerned judicial forums, however on account of long delay and considerable expenditure occurring in the disposal of legal battles there has been tremendous movement towards the resolution of disputes through the alternative forum of arbitrators through which resolution is less cumbersome. The procedure avoids the stress of a conventional trial. It is flexible, speedy, cost effective and convenient process in view of special attention to a particular dispute by the particular arbitrator(s).

In India, since ancient days settlement of disputes by Panchayats has been a common process for resolution of disputes in an informal manner but now arbitration is regulated by statutory provisions promulgating the Arbitration and Conciliation Act, 1996. That apart, the legislators, in a recent amendment to the Code of Civil Procedure brought in a provision under Section 89 wherein the courts have been empowered, in pending matters before it, to find out existence of elements of a settlement which may be acceptable to the parties, to refer the same for resolution of disputes by an alternative mechanisms such as Arbitration, Conciliation and Mediation. In fact, the Courts in India, of late encourage litigants to opt for and avail all the alternative method of resolution of disputes empowering the arbitrators to hold and possess the powers as that of Civil Courts to do complete and full justice between the parties.

Therefore, the effective alternate dispute resolution is vital to commerce and industry. The foremost, Arbitration plays an important role that too, an institutional Arbitration. To achieve the objects of effective ADR Mechanism, CNICA was formed by a non-profitable Trust viz., "Trust for Alternative Disputes Resolution”.

[edit] Objectives

  • Constitute / establish panel of eminent arbitrators from India and Abroad.
  • To follow arbitration rules emanating from best features of common and civil law systems after extensive consultation with practitioners in different arbitral systems.
  • To publish and recommend clauses for dispute resolution through arbitration or ADR mechanism, or a combination of both. Further, design such clauses suitable to be used in contracts to cover future disputes and also for agreements made after a dispute has arisen, thus to provide for CNICA administered dispute resolution.
  • To promote and popularise the amicable and effective settlement of national and international disputes with various ADR mechanism.
  • To popularise arbitration as an effective dispute resolution mechanism with moderate cost (cost effective) and speedy settlement of commercial disputes.
  • To co-ordinate/assist ADR proceedings by establishing facilities and providing administrating services.
  • To promote and effectively act as a balance to social and economic needs of the community.
  • To provide training in ADR and related matters and to Award Diplomas, Certificates and other academic affiliations.
  • To conduct Workshop, Seminars, Conferences etc.
  • To encourage research and studies on various aspects of ADR.
  • To provide membership to all sort of communities (Corporates, Professionals, Individuals & Students).
  • Finally providing the best platform for ADR.

[edit] Contact

New No.90, Old No.73, "Orient Chambers" 4th Floor, Armenian Street, Chennai - 600 001 - India

Phone/Fax : +91-44-42053051


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