• Arbitration vs litigation

Can arbitration can be terms as a type of litigation?
Asked 2 years ago in Business Law from Hyderabad, Telangana
1) Please state detailed facts of your case 

2) in case there is an arbitration clause in contract for resolution of disputes then in case any disputes arise between parties would be referred  th arbitration 
Ajay Sethi
Advocate, Mumbai
41720 Answers
2393 Consultations

5.0 on 5.0

Hi, Arbitration is the process in which you can decide the matter by way of alternative dispute resolution.

2. The party who is the arbitration agreement he can't approach the court to settle the matter they have to resolve  the dispute by way of arbitration process.
Pradeep Bharathipura
Advocate, Bangalore
4453 Answers
200 Consultations

4.3 on 5.0

arbitration proceeding is deemed to be a civil proceeding. purpose of arbitration is to resolve the issues between the parties by the person appointed as arbitrator by the parties. its proceeding is short but swift. its award is binding on the parties. appeal lies against its award before the district court. 
Shivendra Pratap Singh
Advocate, Lucknow
4819 Answers
77 Consultations

4.9 on 5.0

To answer your question, let us understand what is the difference between Arbitration and Litigation:

1a. Arbitration is a private method of dispute resolution in which the parties select the individual or individuals who will finally decide the matters in issue following a process agreed upon by the parties, with no or a minimum of court intervention. 
1b. Litigation is a term encompassing the use of court processes to resolve a dispute, according to the rules in place in that jurisdiction.

2a. Arbitration is a common, private dispute resolution mechanism.
2b. Litigation is a lawsuit that is heard in court by a judge (and/or jury).  Litigation can be in a District court or in High Court , Supreme court ., 

3a. You have rights of appeal in litigation.  
3b. Arbitration, on the other hand, is a creature of contract. That means that you have whatever rights are provided in an agreement to arbitrate.  The part of a contract authorizing arbitration is often called “the arbitration clause.”  Under law, the rights of appeal are extremely limited after receiving an award from an arbitrator or panel of arbitrators.  

4a. Arbitration is Dispute resolution by collaborative process.
4b. Litigation is a Dispute resolution process wherein Some disputants will not reach agreement through a collaborative process. Some disputes need the coercive power of the state to enforce a resolution. 

So to answer your question Arbitration is NOT Litigation. 

Arbitration is Alternative Dispute Resolution Mechanism  that is a collaborative process adopted by the parties aimed at resolving the dispute. 
Hope this helps.
Rajgopalan Sripathi
Advocate, Hyderabad
1208 Answers
137 Consultations

5.0 on 5.0

Arbitration, a form of alternative dispute resolution (ADR), is a technique for the resolution of disputes outside the courts. The parties to a dispute refer it to arbitration by one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), and agree to be bound by the arbitration decision (the "award").

Litigation is the term used to describe proceedings initiated between two opposing parties to enforce or defend a legal right. Litigation is typically settled by agreement between the parties, but may also be heard and decided by a jury or judge in court.

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
Arbitration is consensual.

When a person begins a civil lawsuit, the person enters into a process called litigation.  Litigation involves a series of steps that may lead to a court trial and ultimately a resolution of the matter.

After discovery of the facts of the case is completed, most courts require the parties to attend a settlement conference to determine if the case may be resolved before trial. If the parties are unable to reach a settlement, the litigation continues to trial. Near or on the day of trial, one or both parties often make settlement offers, in the hope of avoiding court proceedings (which are often costly and protracted). Litigation ends if a settlement is reached.This can be through arbitration too.
T Kalaiselvan
Advocate, Vellore
31813 Answers
345 Consultations

5.0 on 5.0

Theoretically no but practically yes.
Ashish Davessar
Advocate, Jaipur
22896 Answers
620 Consultations

5.0 on 5.0

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