The “Suljhao, Magar Pyaar Se” blog series highlights the weekly notes of Sama, while designing dispute systems that promote a collaborative approach and leverages technology.
Theory
While designing online dispute systems, it is imperative to have an online library of solutions. Whenever stakeholders are stuck at an impasse, they can leverage the outside information from this library and reach a resolution.
Practice
Pre-Arbitration/Notice of Invocation/Section 21 is a prerequisite for initiating the arbitration.
Section 21 performs an important function of forging such consensus on several aspects viz. the scope of disputes, the determination of which disputes remain unresolved, which disputes are time-barred, identification of claims and counter-claims, and most importantly, on the choice and procedure of appointment of the arbitrator. Without such notice, the arbitration proceedings which are commenced would be unsustainable in law.
If the above-mentioned ingredients are covered, even a Loan Recall Notice (LRN) can function as a pre-arbitration notice.
