Do I need a lawyer for arbitration?
11-Aug-2021 | Article by Legal White Official
Before we dig deep in to the topic I would like to explain as to what is arbitration. Arbitration is a process by which litigation can be avoided in case of a dispute. In other words, it is an alternate method to solve the dispute without going through the lengthy and exorbitant court proceedings. In India, this law was passed in the year 1996 by the name Arbitration and Conciliation Act 1996. This was amended in the year 2005. The reason for this law was to unburden the judiciary as well as to give a quick resolution for the disputing parties.
In simple words, one does not require a lawyer to file for an arbitration, however one must keep in mind that, the award is often final and binding and there will be no option to challenge it in case you don’t like the decision. There are a number of steps which might become easier in case you have a lawyer. A lawyer might also help in preparation of the case as well as its presentation in front of the arbitration tribunal.
Below is the list of some of the reasons as to why the parties should consider taking the help of the lawyer.
- The first thing which needs to be kept in mind is that, arbitration is a legal process and you might not be well versed with all the legalities, documentation etc.
- You only get one chance with arbitration as the decision of the arbitration is final and binding.
- Unlike the belief of the people, it can become extremely tough to put across the evidences and other testimonies without a lawyer. The lawyer can impressively present the case with all the relevant document needed for the case which can very well increase your chances to get the award which you will like.
- Analysis shows that large companies, organization, banks etc. are more likely to get the award in their favour as in most of the cases, arbitration is forced on the customer due to the clause mentioned in the contract. It will be easier for you to get the help of lawyer in case the dispute pertaining to them.
- It often happens that, large companies have a list of their favoured arbitrators and may be more familiar with the entire process, this is more reason a lawyer is needed to get the case “water tight”.
- The decisions of arbitration have a lasting effect on the losing person or party, for this very reason, it is a common recommendation of the attorneys worldwide that one should at least consult the matter before once before deciding against hiring a lawyer.
As mentioned above, there is no need to hire a lawyer in order to file for arbitration, however, to get a decision in your favour, it is important to at least consider consulting them. There is no doubt that arbitration is a simpler process as compared to litigation, however there may several things which might hurt and can reduce the chances of win in arbitrational tribunal.