Latest from Arbitration Law

Why Mediation And Conciliation is used synonymously in India

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India's history of out-of-court settlements dates to the period of Arthshastra, however, the modern alternate dispute resolution that India has is influenced by the West.[1] Section 89 of the c...

Are Matters Of Fraud Arbitrable?

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Resolution of disputes via arbitration has increased in the recent past, with parties opting for 'out of court' settlements to resolve their contractual disputations. The Arbitration and Concil...

Trends Of Arbitration And The Recent Judgments

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Arbitration is a form of alternative dispute resolution. It is a method of resolving disputes between two parties outside of the courts of law, but with the help of a third, unbiased and impart...

Litigation Cost-Benefit Analysis And Enforceability Of Arbitration Agreements

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When there is a dispute between two parties there are several legal ways to resolve this dispute. A lawsuit is one response to a dispute that involves the court system and can be costly and dif...

Arbitration and Conciliation Act 1996 : All about Conciliation Proceedings

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Litigation in India can be endless, therefore foreign corporations seeking to do businesses in India takes adequate precaution at the outset. In any democratic society for protecting and enhanc...

History And Development Of Arbitration Law In India

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In the Biblical sense, King Solomon was the first Arbitrator in a dispute between two women who claimed to be the mother of a baby boy. Some writers also assert that the methods used by King So...

Arbitrability Of Anti-Trust Claims In Light Of The Mitsubishi Motor Case

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Rule: When a court is asked to decide a dispute, the court's first task is to determine whether the parties have agreed to decide the dispute. Courts must make this determination by applying t...

MSMED and Alternate Dispute Resolution (ADR)

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Arbitration has become the most prevalent Alternate Dispute Resolution (ADR) mechanism over the years. This can be attributed to the binding nature of an arbitral Award and its enforceability b...

Case Analysis: S.P. Singla Constructions (Pvt) Limited V. State Of Himachal P...

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S.P. Singla Constructions (Pvt) Limited v. State of Himachal Pradesh Case Citation: (2019) 2 SCC 488 Decided On: December 04, 2018 Judges: Justice R Banumathi & Justice Indira Banerjee ...

UNCITRAL Model Law

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With the emergence of Global & liberal trade worldwide, there has been tremendous increase in the exchange of goods & services on the global level. With such emergence, comes the disput...