ROLE OF ARBITRATION IN CORPORATE DISPUTES

AUTHOR –ADV. ADITYA SALUNKHE, LL.M. STUDENT AT DES’S SNFLC, PUNE

BEST CITATION – ADV. ADITYA SALUNKHE, ROLE OF ARBITRATION IN CORPORATE DISPUTES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.1203-1210, APIS – 3920 – 0001 & ISSN – 2583-2344

Introduction:

                                Human conflicts are natural part of any society. Similarly disputes are also common among people. It is difficult to imagine a human society without conflict of interests. Being in mortal form with personalities and egos, opinions and sexes, as well as a strong bent towards living in large groups and developing countries. The humans are different, one from the other, but of these differences with some disagreement and conflicts as surely as rain comes from contract. For resolution of such disputes there is a legal system in every human society.

The dispute between the human in a civilized society can be resolved by applying principles of Natural Justice along with the ‘Rule of Law’ to provide justice. Every aggrieved person is supposed to go to Courts for his remedy from the court. It is the right of every individual to get remedy and plead for justice before the legal system. All the legal systems are trying to attain the legal ideal that wherever there is a wrong there must be a remedy so that nobody shall have to take law into his own hands.

Even in ancient India, justice delivery system was in existence. For this Kings used to conduct Courts in their ‘Darbars’. There they provide settlement through judicial dispute resolute after conducting trials and based on evidences. The Indian legal practice is also running on the similar principles with confidentially and flexibly. Indian legal system was based on British rule because the British Government rule Indian for long period of time and to enforce their dominancy the levied different rules and try to tie in a system i.e. Judicial Dispute Resolution.

Thereafter due to complexity and rigidity of the judicial dispute resolution the large number of case were pending before the courts and the rate of gaining justice has reduced. The concept of Alternative Dispute Resolution was already rooted in various cultures and practice aimed to resolving the conflict outside the judicial resolution. The main aim of the research is to whether the Arbitration proceeding can be alternative dispute resolution in corporate disputes. The researcher try to explain and prove whether the arbitration is considered to be as a court and the award passed by the arbitrator is to be as order of civil court.