Scope Of Arbitration in The Legal Field

Arbitration and Conciliation Act has an important and wide scope in the legal field, Arbitration is a sub-field in Alternative Dispute Resolution(ADR), my understanding of Arbitration is that it was brought in the legal field to not only lessen the burden of court with numerous case petitions lodged but to also find an amicable and time-saving process for the parties involved in the case.

I believe that Arbitration is an important mechanism in law, cases related to civil laws should be given a third-party settlement option since the Arbitrator is a retired judge himself or has experience in the field of judiciary thus I believe that certain cases of civil and corporate nature should be heard by Arbitrator.

Although cases in criminal law cannot be taken under Arbitration jobs due to the nature of the crime cases related to breach of contracts, laws of Tort and other General corporate crimes of less intensity should be sent to Arbitration and I believe that many Corporations think the same since almost all contracts and agreements have an arbitration clause in it, this I know due to my previous Internships in law firms.

To further explain my point, I would like to provide some Merits and Demerits regarding this above-said topic-:

Merits 

The merits of Arbitration are as follows -:

1. Time-saving process: Arbitration compared to litigation is a time-saving process, since the courts are already burdened with cases from the past, there are instances where the courts are giving judgements after 10-15 years. The time taken by courts is too precious for the parties more importantly for the one who has faced damages.
2. Simple procedure: In arbitration, the procedures are simple and less codified as compared to the Litigation, herein the parties can even represent themselves if the need arises
3. Cost-effective: In Arbitration, most of the charges are divided between the parties and there are no extra costs compared with Litigation
4. Privacy: Arbitration procedures are much more private and out of the limelight than the traditional litigation methods, In Arbitration only the Arbitrator and the parties are involved in the matter and there are no public hearing
5. Finality: An important merit of Arbitration is also that the Award by the Arbitrator is final and there can be no appeals made by parties unless the Award itself is not according to law

Demerits 

1. Rules of Evidence: The law of evidence doesn’t apply to Arbitration and although the procedures of court are time-consuming certain procedures should be followed according to the law
2. Limited powers of Arbitrator: The court has power more than the Arbitrators, the scope of power possessed by a court is important for upholding the law
3. Lack of Transparency: Privacy of Arbitration is also a Bane since the is ambiguity and a negative feature of Arbitration. This lack of transparency may turn the process biased and may lead to injustice 

Conclusion

To conclude Arbitration is an attractive alternative to the traditional legal system, yes there are Demerits however Arbitration has a wide scope especially when it comes to dealing with Civil laws and Corporate laws.