Arbitration is an increasingly popular method for resolving disputes, both domestically and internationally. In India, the Arbitration and Conciliation Act, 1996, provides the legal framework, ...
In the world of contracts, be they basic or intricate, the act of signing represents a critical keystone. It is more than a mere formality; it is the concrete expression of mutual consent, the ...
The Indian Supreme Court's decision in the Cox & Kings Ltd. v. SAP India Pvt. Ltd. (2024), also known as Cox & Kings II, has substantial consequences for the use of the "group of c...
Arbitration, as a preferred mode of alternative dispute resolution, hinges on the efficacy and enforceability of its outcomes. This article delves into two critical aspects of the arbitration p...
Arbitration, as a popular alternative dispute resolution mechanism, culminates in the issuance of an arbitral award. This decision, rendered by the appointed arbitral tribunal, carries signific...
The efficiency and expediency of the arbitral process are paramount to its efficacy as a dispute resolution mechanism. Recognizing this, the Arbitration and Conciliation Act, 1996 (ACA) has bee...
The Arbitration and Conciliation Act, 1996 (ACA) in India incorporates provisions aimed at ensuring the efficient and timely resolution of disputes through arbitration. Sections 29A, 31, and 31...
The Arbitration and Conciliation Act, 1996 (ACA) provides a comprehensive framework for resolving disputes through arbitration in India. Two pertinent questions often arise concerning the final...
The Sanctity of Confidentiality - A Cornerstone of Modern Arbitration: The principle of confidentiality in arbitration is not merely a desirable feature; it is often a fundamental reason why par...
In our rapidly evolving global landscape, Alternative Dispute Resolution (ADR) methods have transcended their initial status as mere alternatives, emerging as indispensable and dynamic forces r...
While traditional litigation remains a cornerstone of justice, its inherent limitations increasingly necessitate a robust embrace of Alternative Dispute Resolution (ADR). This article dissects ...
In the realm of arbitration, the principle of expeditious dispute resolution holds significant weight. Recognizing the potential for parties or their legal representatives to intentionally or n...
In the realm of arbitration, the principle of expeditious dispute resolution holds significant weight. Recognizing the potential for parties or their legal representatives to intentionally or n...
An arbitral award serves as the decisive outcome of the arbitration process, effectively resolving the disputes submitted by the parties. For this decision to be legally sound, enforceable, and...
Arbitral awards, while intended to be final and binding, are not immune to human error or oversight. Recognizing this, the Arbitration and Conciliation Act, 1996 (ACA), under Section 33, empowe...
Arbitration, a favoured method of alternative dispute resolution, culminates in an arbitral award, which is the arbitrator(s)' or tribunal's final decision on the dispute. The Arbitration and C...
While arbitration aims for a conclusive resolution through arbitral awards, the Arbitration and Conciliation Act, 1996 (the "Act"), carves out specific pathways for judicial intervent...
Interim relief serves as a vital safeguard within the legal system, designed to protect the core assets or interests at the heart of a dispute and avert irreversible damage while awaiting a fin...
Arbitration is the most after sought mechanism among other forms of ADRs, for the industries and corporate houses, who are determined to resolve their disputes arising from the legal relationsh...
The conventional court systems worldwide are facing increasing criticism due to their lengthy and costly processes, leading to a global shift towards Alternative Dispute Resolution (ADR) method...
The case of M.R. Engineers & Contractors Pvt. Ltd. v. Som Datt Builders Ltd. stands as a significant milestone in Indian arbitration jurisprudence, particularly in the context of interpreti...
Arbitration, as an alternative dispute resolution mechanism, relies heavily on the autonomy of the parties and the sanctity of the arbitration agreement. Section 11 of the Arbitration and Conci...
India, propelled by its burgeoning economy and increasing participation in global trade, has recognized the paramount importance of a robust and efficient framework for resolving international ...
The Supreme Court of India, in the seminal case of Konkan Railway Corporation Ltd. vs. Mehul Construction Co., eloquently articulated the fundamental objectives underpinning the enactment of th...
The Indian legal system has long aimed to deliver complete justice. However, the massive backlog of cases and delays in court procedures have created a need for alternative methods of dispute r...
The Arbitration and Conciliation Act, 1996, lays down a clear legal framework regarding conciliation and the binding nature of a settlement agreement arising out of conciliation proceedings. A ...
The protracted and intricate tax dispute between Indian authorities and Vodafone Group Plc stands as a compelling case study in the realm of international investment arbitration, powerfully ill...
The implementation of arbitral awards, both domestic and international, is a crucial stage in the dispute resolution process. While arbitration is intended to be a speedier and more efficient a...
This paper aims to demonstrate how Alternative Dispute Resolution (ADR) is key to de-concentrating adjudication and to manage dispute settlement processes. In India alone, more than forty milli...
The construction industry is inherently dispute-prone. Complex projects, involving intricate designs, diverse stakeholders, tight schedules, and unpredictable site conditions, often give rise t...
Grounds for Staying Enforcement of Arbitration Awards: When a party petitions a court to stay the enforcement of an arbitration award under Sections 34 and 36 of the Arbitration and Conciliation...
As defined by Section 67 of the Arbitration and Conciliation Act (ACA), 1996, conciliation is an alternative dispute resolution (ADR) method where parties attempt to reach a voluntary agreement...
Artificial Intelligence (AI) is transforming industries globally, and the legal field, specifically arbitration, is no exception. Arbitration, a traditional human-centered method of resolving d...
Mediation is a crucial alternative dispute resolution (ADR) process, enabling parties to resolve conflicts amicably outside of traditional litigation. A cornerstone of mediation's effectiveness...
Mediation stands as a cornerstone of alternative dispute resolution (ADR), offering a valuable pathway for resolving conflicts outside the often-complex and time-consuming formal court system. ...
In today's increasingly complex world, effective conflict resolution is paramount. Mediation offers a powerful and versatile alternative to adversarial processes, empowering parties to create t...
"Give justice fair, divide in halves, But if this too meets hurdles' wrath, Then grant us merely five small lands, Keep your kingdom vast and grand." Yet Duryodhan, blind with pride, Refu...
Arbitration is a widely recognized method of alternative dispute resolution (ADR) that provides a structured, efficient, and amicable means of settling disputes outside of traditional court pro...
Mediation, a time-honoured approach to conflict resolution, boasts deep roots in India's cultural heritage. For centuries, traditional systems prioritized amicable settlements, with community-b...
The rise of digital technology has profoundly reshaped legal processes, particularly in dispute resolution, due to the growing acceptance of electronic communication. A pivotal development in I...
Arbitration presents a widely used and adaptable method for resolving disputes, offering a practical alternative to court proceedings. This discussion will explore the key distinctions between ...
In India, arbitration has become a vital substitute for conventional court battles, presenting a swifter and more adaptable route to settle disagreements. However, the typical arbitration proce...
International commercial arbitration has emerged as a favoured method for resolving disputes in cross-border business transactions due to its adaptability, impartiality, and the ease with which...
Sometimes, people or companies who don't have enough money to fight a legal case in arbitration need help from other people or companies who do have money. This is called 'third-party funding'....
Section 34 of the Arbitration and Conciliation Act, 1996 (ACA) serves as a critical mechanism for challenging an arbitral award, acting as a safeguard to ensure fairness and legality within the...
In the landscape of legal dispute resolution in India, the Limitation Act, 1963, occupies a position of paramount importance, particularly with regard to arbitration cases. This Act establishes...
Sports law has emerged as a vital and distinct legal field, grappling with issues such as governance, contracts, doping, intellectual property rights, and dispute resolution within the dynamic ...
Instead of relying solely on conventional courtroom litigation, Alternative Dispute Resolution (ADR) has emerged as a vital avenue for resolving conflicts. ADR encompasses methods such as arbit...
Since 2019, the World Trade Organization's (WTO) dispute settlement system, a critical pillar of global trade, has been severely weakened due to the United States' persistent refusal to approve...
Mediation, known for its efficiency, affordability, and collaborative approach, has traditionally served as a cornerstone of alternative dispute resolution (ADR), providing a valuable avenue fo...
Globally, legal and business frameworks rely on effective dispute resolution. While traditional litigation remains a common method, it frequently suffers from lengthy delays, high costs, and an...
Alternative Dispute Resolution (ADR) has fundamentally changed how legal conflicts are managed, presenting a streamlined and economical alternative to conventional litigation. ADR methods, such...
The legal battle between Amazon.com NV Investment Holdings LLC and Future Retail Limited & Ors, formally known as Civil Appeal No. 4496-4497 of 2021, stands as a landmark case in the landsc...
Shri Lal Mahal Ltd. v. Progetto Grano Spa (Civil Appeal No. 5085 arising out of SLP (C) No. 13721 of 2012) stands as a pivotal judgment by the Supreme Court of India that significantly shape...
The Supreme Court of India's decision in Tata Sons Private Limited v. Siva Industries and Holdings Limited (Miscellaneous Application No. 2680 of 2019 in Arbitration Case (Civil) No. ...
In an increasingly interconnected world, the complexities of international relations, commerce, and diplomacy require efficient and adaptable mechanisms for dispute resolution. Alternative Disp...
Alternative Dispute Resolution (ADR) methods, encompassing arbitration, mediation, and conciliation, have long been crucial in resolving disputes outside traditional court systems, be they comm...
Arbitration clauses have long served as cornerstones of commercial contracts, offering a distinct route for dispute resolution outside the traditional courtroom. Companies and individuals alike...
Traditionally, family law disputes involving divorce, child custody, support, and property division have been resolved in public courts by judges. However, private arbitration is increasingly b...
Mediation offers a collaborative approach to conflict resolution, using a neutral mediator to guide disputing parties toward a mutually agreeable solution. This voluntary and confidential proce...
The Supreme Court of India's decision in the case of PASL Wind Solutions Private Limited v. GE Power Conversion India Private Limited (2021) has established a significant precedent regarding pa...
An arbitration clause is a contractual provision where parties agree to resolve disputes through arbitration rather than litigation in court. This clause forms a legally binding part of the con...
The Supreme Court of India, in its ruling in Vihaan Kumar v. State of Haryana & Anr., (2025 SCC OnLine SC 269), reaffirmed fundamental rights against arbitrary detention and inhumane treatm...
Arbitration, as an alternative dispute resolution mechanism, hinges on the impartial and competent appointment of arbitrators. Section 11 of the Arbitration and Conciliation Act, 1996 (the &quo...
The Arbitration Council of India (ACI), a statutory body established by the Indian government under the Arbitration and Conciliation Act (ACA) of 1996 and governed by sections 43A, 43B, 43D, 43...
International investment disputes represent a complex and often contentious area of international law, arising when foreign investors encounter adverse actions by host states that purportedly v...
Alternative Dispute Resolution (ADR) offers a pragmatic strategy for banks seeking to recover outstanding loan amounts. This approach emphasizes finding resolutions that are not only efficient ...
In the intricate realm of corporate law and consumer rights, the case of Valve Corporation, provides a compelling illustration of the evolving dynamics between arbitration and class action liti...
The legal framework for resolving disputes in England and Wales has been fundamentally reshaped by the Court of Appeal's groundbreaking decision in Churchill v Merthyr Tydfil County Borough Cou...
The world of dispute resolution is undergoing a significant transformation, propelled by technological advancements and the increasing interconnectedness of our global society. While traditiona...
Emergency arbitration (EA) represents a significant development in the field of international arbitration, serving as a mechanism that enables parties to seek urgent interim relief prior to the...
A Bilateral Investment Treaty (BIT) is a crucial pact between two nations, designed to establish a robust legal and regulatory environment that safeguards investments made by entities from one ...
In an era defined by rapid technological advancements, the traditional methods of dispute resolution are increasingly being challenged by innovative digital solutions. Online Dispute Resolution...
In India, a foreign arbitral award, as defined by Section 44 of the Arbitration and Conciliation Act (ACA), signifies an arbitral decision rendered in a territory outside of India, even if it i...
Alternative Dispute Resolutions (ADR), also referred to as Non-trial Resolutions or extrajudicial settlements, encompass various methods utilized to settle legal disputes without resorting to t...
Mass arbitration is a burgeoning legal tactic within the realm of Alternative Dispute Resolution (ADR), where a multitude of individuals simultaneously file similar arbitration claims agai...
Online Dispute Resolution (ODR) represents a paradigm shift in conflict resolution, leveraging technology to facilitate the settlement of disputes outside the confines of traditional court syst...
China's legal landscape is undergoing a transformative shift, embracing Alternative Dispute Resolution (ADR) as a vital component of its justice system. This evolution reflects the nation's com...
Marine law, frequently referred to as admiralty law, is a complex and comprehensive legal field that governs a wide array of activities and disputes related to ships, navigation, marine commerc...
The intersection of technology and law has given rise to transformative shifts in dispute resolution paradigms worldwide, and Islamic law is no exception. Online Dispute Resolution (ODR) has em...
Third-party funding (TPF) has emerged as a significant force in the world of international arbitration, fundamentally altering the landscape of dispute resolution. In essence, TPF is a financia...
Alternative Dispute Resolution (ADR) has emerged as a vital and increasingly favoured method for resolving conflicts outside the confines of traditional court systems. Within this framework, No...
An arbitration tribunal is a neutral third-party body constituted to resolve disputes through arbitration. It can be a sole arbitrator or a panel, depending on the arbitration agreement between...
Arbitration is experiencing a revolutionary shift, transitioning into the era of Arbitration 4.0. This evolution incorporates advanced technologies like artificial intelligence (AI), blockchain...
With the advent of the Insolvency and Bankruptcy Code, 2016 ('Code/IBC'), the framework for resolution of stressed assets and corporate entities was transformed into a streamlined, risk-friendl...
The rapid growth of e-commerce and global business transactions has led to an increasing need for efficient and accessible dispute resolution mechanisms. Online Dispute Resolution (ODR) has eme...
One of the main reasons parties in international conflicts select arbitration as a means of conflict settlement over other forms is prevention of public broadcast of information and negative pu...
The Indian judicial system is grappling with an enormous backlog of cases, causing significant delays and increased costs for those seeking justice. In this context, administrative tribunals ha...
The landscape of dispute resolution in the United Kingdom has undergone a significant transformation with the emergence of Online Dispute Resolution (ODR). As technology advances and digital tr...
Online Dispute Resolution (ODR) is emerging as a transformative approach to resolving disputes efficiently and affordably. Hindu law, rooted in ancient scriptures and customary practices, has h...
Motor vehicle accidents in India result in a significant number of injuries and fatalities each year, causing immense suffering and financial strain for victims and their families. Medical expe...
In the 21st century, the rapid growth of digital technology has significantly impacted various aspects of society, including the field of dispute resolution. The emergence of Online Dispute Res...
International commercial arbitration has emerged as a popular method for resolving cross-border disputes, offering parties the flexibility to choose the applicable law governing their contracts...
Online Dispute Resolution (ODR) has gained significance in India, serving as a valuable complement to traditional legal frameworks and Alternative Dispute Resolution (ADR) methods. As digital t...
The Principle of Least Interest is a psychological and sociological concept that offers insights into power dynamics in relationships. According to this principle, the person with the least emo...
Arbitration is a widely recognized and employed alternative dispute resolution mechanism that allows parties to settle their disagreements outside the conventional court system. This process i...
In today's rapidly evolving legal and commercial landscape, efficient and fair dispute resolution mechanisms are paramount. Traditionally, resolving conflicts has involved cumbersome processe...
Navigating the justice system in a nation grappling with over 50 million pending cases can be a daunting endeavour, characterized by protracted timelines, escalating costs, and significant emot...
Arbitration, a well-established and widely used method for resolving disputes in civil and commercial contexts, has traditionally been viewed as largely inapplicable to the realm of criminal la...
Arbitration serves as a popular alternative to traditional court litigation, offering a more expedient and less formal approach to dispute resolution. A crucial element of arbitration is the de...