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Political & Governance
Instability and role of
Arbitration
This presentation is combined effort of
members of Group 13, they are:
▪ Falak Saeed Khan
▪ Supratim Bhui
▪ Naman Chadda
▪ Saujanya Sabrinath
▪ Tameem A
▪ Shraddha Shetty
Content:
▪ Introduction
▪ What is Political & Governance Instability?
▪ What is Arbitration?
▪ Types of Arbitration
▪ Political & Governance Instability and jeopardy
▪ Deduction by IRS
▪ Arbitration as a Solution
▪ Arbitration vs. litigation
▪ Privatecourt for Arbitration
▪ Benefits of dispute resolution at Privatecourt
Introduction:
India, the worlds largest democracy but also one of
the most unstable nation in terms of governments.
Both on national as well as state level. According
to recent IRS (Indian Risk Survey) 2019 the
political & governance instability in India climbs
one spot to Rank 4th .
As there is a rise in the position of the political &
governance instability so is the rise in the conflicts,
which can be resolved legally either by sluggish
proceeding by the courts or by the express method
of Arbitration through organisations like
Privatecourt.
What is Political & Governance
Instability?
Political instability is defined as the potential
for sudden and significant change in the
leadership, policies, or condition of a country.
What is Arbitration?
▪ Arbitration is a consensual dispute resolution process based on the
parties' agreement to submit their disputes for resolution to an
arbitral tribunal usually composed, of one or three independent
arbitrators appointed by or on behalf of the parties.
▪ Arbitration is known for its bureaucratic elasticity , which allows
parties to engage in an efficient, confidential and fair process
leading to a final, binding and enforceable award.
Types of Arbitration
▪ Institutional Arbitration
▪ Ad Hoc Arbitration
According to a 2008 study by the Queen Mary
University and PricewaterhouseCoopers, 86%
of arbitration awards rendered arose from
institutional arbitration, in comparison with
14% made in ad hoc proceedings.
Political & Governance
Instability and jeopardy
As per the study conducted by IRS in 2019
Political & Governance Instability appears in
the fourth top risk due concern over policy
changes affecting certain areas of the
business ecosystem.The government is
likely to continue market reforms and
restructuring. Lack of consensus or
opposition to any policy changes or distress
in particular sections of the economy can
pose a threat to companies.
Deduction by IRS
▪ After maintaining sixth & fifth position for 2017 & 2018
respectively, Political & Governance Instability risk has moved
up in IRS 2019. As per this year’s survey, this category occupies
the fourth position.
▪ • Policy changes directly or indirectly impacting business is
perceived as the most significant threat under this risk
category.
▪ • As perWorld Economic Forum’s “The Global Competitiveness
Report 2019”,India is ranked at 68th position, slipping ten
places from 58th rank in 2018.
▪ • India has jumped to 63rd position in the World Bank’s “Doing
Business 2020”report. According to the assessment, Delhi and
Mumbai have improved the business environment.
Political & Governance Instability climbs one spot to Rank
4th in IRS 2019
Arbitration as a Solution
The conflicts that arise in the economy due to Political
instability needs to be resolved by legal means . As the
litigation is one way to resolve the conflicts, litigation is
slow and costly . However Arbitration is better than
litigation because of the following:
▪ Public/Private, Formality
The arbitration process is private, between the two parties
and informal, while litigation is a formal process
conducted in a public courtroom.
▪ Speed of Process
The arbitration process is fairly quick. In civil litigation a case
must wait until the court has time to hear it; this can mean
many months, even years, before the case is heard.
▪ Cost of the Process
The costs for the arbitration
process are limited to the fee
of the arbitrator.
▪ Evidence Allowed
The arbitration process has a limited evidence process, and
the arbitrator controls what evidence is allowed, while
litigation requires full disclosure of evidence to both parties.
Privatecourt for Arbitration
Privatecourt offers a simple online and offline way to help
resolve your dispute with your clients worldwide.
Privatecourt provides parties with opportunity to:
1. Reduce Hostility.
2. Regain a sense of control.
3. Gain acceptance of outcome.
4. Resolve conflict in a peaceful manner.
5. The resolution of disputes takes place usually in private.
Benefits of dispute resolution at
Privatecourt
▪ Flexibility of procedure – the process is
determined and controlled by the parties of the
dispute.
▪ Parties choice of neutral third party to direct
negotiations/ adjudicate.
▪ Privacy and confidentiality.
▪ Likelihood and speed of settlements.
▪ Lower costs.
▪ Practical solutions tailored to parties interests and needs .
▪ Durability of agreements .
▪ The preservation of relationships and the preservation of
reputations .
▪ Individuals contractors can use the logo of Privatecourt in
their resume to gain trust.
▪ The logo used in the resume will also enhance
employment and thus can be for career growth.
▪ Privatecourt : Fast,Simple and online justice for all.
Privatecourt
The future of Indian civil
case at lowest possible
fee.
For more info: https://www.pvtcourt.com

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Political & Governance Instability and role of Arbitration

  • 1. Political & Governance Instability and role of Arbitration
  • 2. This presentation is combined effort of members of Group 13, they are: ▪ Falak Saeed Khan ▪ Supratim Bhui ▪ Naman Chadda ▪ Saujanya Sabrinath ▪ Tameem A ▪ Shraddha Shetty
  • 3. Content: ▪ Introduction ▪ What is Political & Governance Instability? ▪ What is Arbitration? ▪ Types of Arbitration ▪ Political & Governance Instability and jeopardy ▪ Deduction by IRS ▪ Arbitration as a Solution ▪ Arbitration vs. litigation ▪ Privatecourt for Arbitration ▪ Benefits of dispute resolution at Privatecourt
  • 4. Introduction: India, the worlds largest democracy but also one of the most unstable nation in terms of governments. Both on national as well as state level. According to recent IRS (Indian Risk Survey) 2019 the political & governance instability in India climbs one spot to Rank 4th . As there is a rise in the position of the political & governance instability so is the rise in the conflicts, which can be resolved legally either by sluggish proceeding by the courts or by the express method of Arbitration through organisations like Privatecourt.
  • 5. What is Political & Governance Instability? Political instability is defined as the potential for sudden and significant change in the leadership, policies, or condition of a country.
  • 6. What is Arbitration? ▪ Arbitration is a consensual dispute resolution process based on the parties' agreement to submit their disputes for resolution to an arbitral tribunal usually composed, of one or three independent arbitrators appointed by or on behalf of the parties. ▪ Arbitration is known for its bureaucratic elasticity , which allows parties to engage in an efficient, confidential and fair process leading to a final, binding and enforceable award.
  • 7. Types of Arbitration ▪ Institutional Arbitration ▪ Ad Hoc Arbitration According to a 2008 study by the Queen Mary University and PricewaterhouseCoopers, 86% of arbitration awards rendered arose from institutional arbitration, in comparison with 14% made in ad hoc proceedings.
  • 8. Political & Governance Instability and jeopardy As per the study conducted by IRS in 2019 Political & Governance Instability appears in the fourth top risk due concern over policy changes affecting certain areas of the business ecosystem.The government is likely to continue market reforms and restructuring. Lack of consensus or opposition to any policy changes or distress in particular sections of the economy can pose a threat to companies.
  • 9.
  • 10. Deduction by IRS ▪ After maintaining sixth & fifth position for 2017 & 2018 respectively, Political & Governance Instability risk has moved up in IRS 2019. As per this year’s survey, this category occupies the fourth position. ▪ • Policy changes directly or indirectly impacting business is perceived as the most significant threat under this risk category. ▪ • As perWorld Economic Forum’s “The Global Competitiveness Report 2019”,India is ranked at 68th position, slipping ten places from 58th rank in 2018. ▪ • India has jumped to 63rd position in the World Bank’s “Doing Business 2020”report. According to the assessment, Delhi and Mumbai have improved the business environment.
  • 11. Political & Governance Instability climbs one spot to Rank 4th in IRS 2019
  • 12. Arbitration as a Solution The conflicts that arise in the economy due to Political instability needs to be resolved by legal means . As the litigation is one way to resolve the conflicts, litigation is slow and costly . However Arbitration is better than litigation because of the following: ▪ Public/Private, Formality The arbitration process is private, between the two parties and informal, while litigation is a formal process conducted in a public courtroom.
  • 13. ▪ Speed of Process The arbitration process is fairly quick. In civil litigation a case must wait until the court has time to hear it; this can mean many months, even years, before the case is heard. ▪ Cost of the Process The costs for the arbitration process are limited to the fee of the arbitrator.
  • 14. ▪ Evidence Allowed The arbitration process has a limited evidence process, and the arbitrator controls what evidence is allowed, while litigation requires full disclosure of evidence to both parties.
  • 15.
  • 16. Privatecourt for Arbitration Privatecourt offers a simple online and offline way to help resolve your dispute with your clients worldwide. Privatecourt provides parties with opportunity to: 1. Reduce Hostility. 2. Regain a sense of control. 3. Gain acceptance of outcome. 4. Resolve conflict in a peaceful manner. 5. The resolution of disputes takes place usually in private.
  • 17. Benefits of dispute resolution at Privatecourt ▪ Flexibility of procedure – the process is determined and controlled by the parties of the dispute. ▪ Parties choice of neutral third party to direct negotiations/ adjudicate. ▪ Privacy and confidentiality. ▪ Likelihood and speed of settlements. ▪ Lower costs.
  • 18. ▪ Practical solutions tailored to parties interests and needs . ▪ Durability of agreements . ▪ The preservation of relationships and the preservation of reputations . ▪ Individuals contractors can use the logo of Privatecourt in their resume to gain trust.
  • 19. ▪ The logo used in the resume will also enhance employment and thus can be for career growth. ▪ Privatecourt : Fast,Simple and online justice for all. Privatecourt The future of Indian civil case at lowest possible fee. For more info: https://www.pvtcourt.com