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India - An Overview
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    Doing Business in India - An Overview
Judicial System & Alternate Dispute Mechanism
Several options are available to Foreign Entrepreneurs and they may choose the best option according to their need and requirements:
  • Litigation
  • Alternate Dispute Mechanism
  •  
    Litigation
    The Judicial System in India, though complicated by reason of complexity of procedures, is an effective institution as it is free from any interference by the Legislature of India and the Executive Control.

    India has a three tier Judicial Hierarchy. The Supreme Court of India is the Apex Court and any decision rendered by the Apex Court is binding upon all other Courts and is the law of country. The next in hierarchy after the Apex Court of India are the High Courts. There are Twenty-One High Courts in India. The last tier of the Indian Judicial hierarchy is the District Courts.
     
     
    Alternate Dispute Mechanism

    The opening of the Indian economy to Foreign Direct Investment has given a thrust to the earlier existing mode of settlement of dispute by way of Arbitration. The Arbitration & Conciliation Act, 1996 (the Act) which is in line with the United Nations Commission on International Trade Law (UNCITRAL Model Law) replaced the archaic Indian Arbitration Act, 1940 so as to facilitate an effective and efficacious mode of settlement of disputes between parties inter se without recourse to the Courts of Law.In effect, the Act seeks to limit the powers of the Court to intervene in Arbitration Proceedings. An Arbitrator is empowered with a wide range of powers under the new Act. It has been enacted to enable efficacious and effective resolution of disputes. The new Act attempts to promote transparency and reduce Court intervention

     
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