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End the duopoly

Arbitration in the Indian Healthcare Industry

JURIST Guest Columnist Yug Sinha, a first year law student at Symbiosis Law School in Pune, India, discusses potential models for alternative dispute resolution in the Indian healthcare industry… Commercial arbitration is currently the preferred mode of dispute resolution for complex disputes. The growing popularity of arbitration has led parties to include arbitration clauses for all large transactions and commercial agreements. An increasing number of government entities and public sector ventures include arbitration clauses in their standard form contracts. These entities are also regularly parties to arbitrations. The existing law relating to international arbitration was considered archaic and changes were indispensable. This was the reason that in 1995, the Minister for Law, Justice and Company Affairs introduced, in the Upper House of Parliament, a bill to implement the UNCITRAL Model Law and to provide statutory recognition for the process of conciliation. Thus, the Arbitration and Conciliation Act 1996 was enacted. The Indian Arbitration Act heavily corresponds to the recommendations flowing from the UNCITRAL Model Law in that all countries signing it have to give consideration. There have been many amendments to change the Arbitration landscape in India. These have added quite a few imperative changes to the Arbitration Act […]

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