Background: The Mediation Act, 2023 was enacted to provide a unified legal framework for mediation in India, replacing the earlier fragmented system governed by Section 89 CPC and Arbitration ...

In the increasingly interconnected world of global commerce, disputes arising out of cross-border transactions are inevitable. As businesses transcend national boundaries, the complexity and po...

Due to legislative loopholes, the current arbitration landscape has a number of underlying difficulties that allow the defaulting party to use delay tactics in violation of the Arbitration &...

Arbitrability of industrial disputes means the disputes that can be referred to arbitration according to the Arbitration and Conciliation Act of India. The industrial relations code permits arb...

In the bustling world of business, contracts are the bedrock of relationships. They outline expectations, deliverables, and payment terms. But what happens when the ink dries and, down the line...

In the realm of Alternative Dispute Resolution (ADR), both mediation and conciliation stand out as valuable processes designed to help disputing parties reach mutually agreeable solutions outsi...

The draft Arbitration and Conciliation (Amendment) Bill, 2024, which has been released for public comment by the Department of Legal Affairs under the Ministry of Law and Justice, Government of...

Case: Interplay Between Arbitration Agreements Under The Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899 Vs. SCR Citation: [2023] 15 S.C.R. 1081 Neutral Citation: 2023 INSC ...

One form of alternative dispute resolution is arbitration, where the parties resolve their conflict without involving the legal system by appointing a third individual, an arbitrator. Reducing ...

In commercial ventures, a well-constructed contract is essential for building strong partnerships. When disagreements arise, arbitration is a common choice for resolving them, making the contract...

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...

Understanding Arbitration Intelligence: Arbitration Intelligence (AI) leverages data analytics and technology to enhance decision-making processes within arbitration. This involves gathering and...

International Commercial Arbitration (ICA) has emerged as a leading mechanism for resolving international commercial disputes, offering a compelling alternative to traditional court litigation....

In April 2024, the apex court of India overturned an arbitral award in a case involving the Delhi Metro Rail Corporation and a private Delhi-based company that was party to an agreement signed ...

Alternative Dispute Resolution (ADR) has evolved as an effective tool to reduce the burden on the judicial system and offer parties an expedient and cost-effective means of resolving disputes. ...

Arbitration agreements are vital for resolving disputes outside of traditional court systems. These agreements, commonly used in commercial and contractual settings, stipulate that conflicts wi...

There have been interesting situations and instances that we generally come across in the aspect of the domestic arbitration where an arbitration clause that envisages for the seat of arbitrati...

Alternative Dispute Resolution (ADR) mechanisms have evolved over time as a means to reduce the burden on Indian courts and offer more efficient, flexible, and cost-effective means of resolving...

In a globalised economy, international trade and commerce are a necessity to ensure economic prosperity. With well-equipped regulatory and legal means of carrying out cross-border transactions ...

Explore the intricacies of international commercial arbitration under the Arbitration and Conciliation Act, 1996, including its definition, elements, and key case laws like Bhatia International...

Arbitration under Investment Treaties (ITA) involves resolving conflicts between international investors and host countries through arbitration, rather than the local courts of the host nation....

"Technology is best when it brings people together" - Matt Mullenweg Cross-cultural interactions have become a norm in society today. Transnational transactions involving companies, government...

External or third-party funding in arbitration involves support from an outside entity, providing financial backing to a party engaged in arbitration. This financial support typically covers le...

Brief facts of the case: The parties in CVG v CVH were in a franchise business, with the Respondent being the Petitioner's franchisee in Singapore, Malaysia, Taiwan, and the Philippines. The a...

The combination of technology and alternative dispute resolution (ADR) procedures is known as online dispute resolution (ODR), which provides creative ways to settle conflicts quickly and affor...

What is Arbitration? In today's dynamic and interconnected world, disputes and disagreements are inevitable, particularly in the realms of business, commerce, and contractual relationships. Wh...

DLF Ltd. (Formerly Known As Dlf Universal Ltd.) And Anr.; (Appellant) v/s Koncar Generators And Motors Ltd.; (Respondent) Facts Of The Case DLF Ltd. is an Indian Company and Koncar Generat...

Arbitration has emerged as a preferred mechanism for resolving disputes due to its efficiency, flexibility, and party autonomy. The Arbitration and Conciliation Act, 1996 (A&C Act) governs ...

The Indian judiciary has long recognized the significance of alternative dispute resolution (ADR) mechanisms in addressing the inefficiencies of traditional litigation. Lok Adalats, established...

The Arbitration and Conciliation Act, 1996, is the cornerstone legislation governing arbitration in India. The 2015 Amendment to the Act significantly overhauled arbitration law to enhance the ...

Section 48 of the Arbitration and Conciliation Act, 1996 governs the enforcement of foreign arbitral awards in India. This provision aligns with India's commitment to the New York Convention on...

In the contemporary commercial landscape, it is observed that the corporate entities are increasingly opting for arbitration over traditional court litigation for dispute resolution. It is due ...

The Mediation Act, 2023, marks a watershed moment in India's legal landscape by codifying mediation as a primary mechanism for dispute resolution. Enacted on September 15, 2023, this legislatio...

The presidential sector's privatisation Despite this, the private sector now accounts for the vast majority of service delivery in our nation. But the public sector, namely the Indian governmen...

The Supreme Court's decision in Chandra Kumar vs. Union of India & Ors., (1997) 3 SCC 261, redefined the balance of powers in India's judicial structure, particularly concerning the role of...

With evolving times, A modern man has everything except time. To adapt to these dynamic changes, every sector has evolved. For instance, the invention of smart mobile phones has facilitated qui...

Facts The case pertains to a joint venture between Venture Global Engineering (VGE), a company incorporated in the United States, and Satyam Computer Services Limited (SCSL), an Indian company...

This blog conducts a comparative analysis of recently introduced arbitration laws in Singapore, Hong Kong, and the United Arab Emirates against India's Arbitration and Conciliation Act, 1996. I...

Introduction to ODR:Technology plays an immense role in our day-to-day lives, transforming the world from paper to e-files. In the past, the dispute resolution system was confined to bricks and...

Conciliation and litigation represent two alternative methods of resolving disputes, each with its own particular advantages and disadvantages. Understanding the relationship between these two ...

The Arbitration and Conciliation Act, 1996 regulates arbitration in India and deals with the arbitration procedure. Arbitration is the process of solving disputes outside the walls of the judic...

As a result of these two problems, the medical community in India is quite upset. To start with, the unintended consequences brought forth by the decision in IMA vs. V P Shantha, 1995, which in...

Research and analysis in the legal profession are being transformed by technology driven by artificial intelligence (AI). There is a mound of legal data that AI algorithms can quickly sort through ...

This article firstly introduces ADR mechanisms and it's need. Further main concern of this article is online dispute resolution mechanism. Articles explains about its functioning in India and t...

In 1960, India ratified the New York Convention bearing two caveats: The convention shall only apply to the enforcement of treaties made with other parties and It shall only apply to dispu...

Recently, the Security and Exchange Board of India (SEBI) released a circular for Online Dispute Resolution (ODR) in the security market. The circular created a new ODR portal by an amendment t...

This essay is an autobiographical account of my experience as an expert witness in matters of franchising and licensing disputes. My experience within the franchising industry consists of vario...

The Insolvency and Bankruptcy Code, 2016 (IBC), which offers a time-bound and creditor-driven resolution mechanism, has completely changed the bankruptcy process in India. In this procedure, di...

International arbitration is becoming an essential tool for quickly and impartially settling cross-border conflicts as globalisation picks up speed. This article explores the function of intern...

Arbitration has emerged as a preferred method for resolving disputes, providing a more efficient and flexible alternative to traditional litigation. Where both the parties to the dispute come t...

The Arbitration and Conciliation Act, 1996 (hereinafter "the Act") represents a critical legal framework governing arbitration and conciliation in India. It was enacted to provide a robust mech...

The recognition and enforcement of foreign arbitral awards are crucial in international commercial arbitration. India, being a signatory to the New York Convention (1958) and the Geneva Convent...

With the rapid advance of digital technology and shifting global dynamics, India's legal landscape is undergoing a significant transformation, especially in the field of arbitration. Traditiona...

Alternative Dispute Resolution (ADR) has emerged as a vital component of the Indian legal system, offering an efficient and effective alternative to traditional litigation. This article explore...

Arbitration and Mediation are being seen as the much-needed alternative to the traditional form of litigation which is Litigation. These alternative dispute redressals align with the Indian con...

The connecting procedural aspects relating to the provisions related to the punishment of Dishonor of Cheque under Sections 138 to 148 of the Negotiable Instrument Act, 1881 ["the Act"] are hig...

Judgments: Waguih Elie George Siag & Clorinda Vecchi v/s The Arab Republic of Egypt & White Industries Australia Limited v. The Republic of India   Waguih Elie George Siag & Clorinda ...

Disputes are an inevitable part of any society, but the traditional litigation process can be time-consuming, costly, and adversarial. In India, where the backlog of cases is staggering, the ne...

The introduction of section 89 of the Code of Civil Procedure, 1908 in 1999 amendment , gave propulsion to the Indian judicial system to use several alternative modes for dispute resolution. Al...

Arbitration has emerged as a preferred method of resolving commercial disputes due to its efficiency, confidentiality, and flexibility compared to traditional litigation. In India, the Arbitrat...

Arbitration, as an alternative dispute resolution mechanism, has gained significant traction globally. Both India and the United Arab Emirates (UAE) have developed robust arbitration frameworks...

Arbitration has become an increasingly preferred method for resolving disputes outside traditional court systems due to its flexibility, confidentiality, and efficiency. This article explores t...

A shift from a retrospective to a prospective and projective epistemological position is proposed for legal education, one that incorporates technological knowledge and quantitative methodologi...

This article presents an in-depth exploration of Alternative Dispute Resolution (ADR) mechanisms as delineated by the Arbitration and Conciliation Act, 1996. Focusing on arbitration and concili...

The article examines the Office Memorandum issued by the Ministry of Finance, which provides guidelines for arbitration and mediation in contracts related to domestic public procurement. Arb...

The philosophy of ADR is to motivate people to resolve their disputes amicably and for this purpose it is necessary to examine ADR's main trends and underlying objectives. Mediation has ...

With the evolution of society and the advent of information technology, the number and variety of disputes have significantly increased, leading to a surge in criminal and civil cases pending i...

We know that Our Indian Judiciary System is one of the oldest Judicial system in the world. We Can see from history Numerous times that there are different types of law enforcement agencies and...

International Commercial Arbitration (ICA) is a complex and nuanced field, central to the resolution of cross-border commercial disputes. At the heart of this process is the arbitrator, a neutr...

Origin of the term One of the most well-known principles in International Commercial Arbitration is the doctrine of kompetenz-kompetenz, known as competence de la competence in French and comp...

The relationship between national courts and arbitration is marked by a complex interdependence. Similar to a parent-child dynamic, arbitration continually strives for independence from nationa...

The extension of the mandate of an expired arbitral tribunal presents a significant legal challenge in the field of arbitration. This article explores the legal feasibility of extending the man...

India recognized resolving disputes by way of mediation and reconciliation from Vedic era. However, codified law on settlement of disputes was first enacted in the year 1899, known as Indian Ar...

Arbitration is a procedure that helps parties to resolve their dispute outside of court by third party with the agreement of the parties involved. It is quasi-judicial in nature. Arbitration is...

Mediation has emerged as a pivotal tool in resolving commercial disputes globally, offering a structured, cost-effective, and collaborative alternative to traditional litigation. This article e...

Throughout history, conflicts and disagreements have been unavoidable aspects of human interaction. Even before the system of courts was established, societies had methods to settle disagreemen...

NN Global Mercantile Pvt Ltd v. Indo Unique Flame Ltd & others; In Re: interplay between Indian Stamp Act and Indian Arbitration Act The Arbitration and Conciliation Act of 1986[i] was enact...

The story of alternative dispute resolution (ADR) in India is one of resilience, adaptation, and a constant search for more efficient ways to resolve conflicts. It's a tale that spans centuries...

Arbitration is an Alternate Dispute Resolution method to resolve disputes without having to go through lengthy litigation process. Arbitration process is comparatively less hectic and cost effe...

Ownership disputes in family properties are sensitive & complex sometimes settling them is tough. Who should manage, benefit from, or own a family property can be the cause for such conflic...

The legislative framework that controls the use of alternative dispute resolution (ADR) processes to resolve disputes must include arbitration law. This article emphasizes the importance of arb...

Background The Ayodhya dispute is a long-running and highly contentious legal and socio-religious conflict centered on a piece of land in Ayodhya, Uttar Pradesh. The core issue is whether the ...

Recent Development and Emerging Trends in Arbitration LawIn recent years, there has been a growing recognition of the need to modernize and streamline arbitration laws to keep peace with the evol...

This essay examines the critical principles of independence and impartiality in the context of arbitrators in India. Arbitration, as an alternative dispute resolution method, offers a streamlin...

The Path to Progress "In light of the signing of the Mediation Act, 2023, and other developments, this article examines how mediation is changing as an Alternative Dispute Resolution (ADR) mech...

Arbitration law in India is governed by the Arbitration and Conciliation Act, 1996. The act aims to establish the procedures for resolving disputes by arbitration or conciliation, both in domes...

International commercial or foreign arbitration awards are the rulings rendered by arbitrators in cases involving parties from other nations. The process of execution may be used in India to en...

Over the past few decades, while countries' economies have developed significantly, there has also been a notable rise in the number of business disputes. Arbitration and other alternative disp...

On 13.12.2023, a seven-judge constitution bench of the Supreme Court delivered verdict in the matter, In Re interplay between Indian Stamp Act and Indian Arbitration Act, which dealt with the v...

A historical phenomenon, economic "globalisation" is the product of creative problem-solving and technical advancements made by humans. Globalisation is the process by which nations' ...

The subject matter of commercial laws is to govern business transactions. No matter the business is conducted in-office or virtually, the commercial laws manage to make their place in this dyna...

The advent of Arbitration as a means of alternative dispute resolution mechanism recognizes party autonomy and gives legal backing to the will of the parties and by way of an Arbitration Agreem...

Alternative Dispute Resolution (ADR) strategies, which include arbitration, mediation, and negotiation, have been praised for a considerable amount of time as helpful instruments that have the ...

Equality of justice is a fundamental aspect of the judicial system of our nation. We cannot conceive of justice which is not fair and equal, or being indiscriminate. It is embedded in the India...

In the healthcare system, which is marked by a difficult relationship between the treatment of patients and the obligations of providers, disagreements are not unheard of. Both parties have res...

The objective of this research paper is to analyse the one-of-a-kind use of mediation in the process of resolving environmental issues. This article provides a detailed analysis of the ways in ...

Over the course of the past several years, the use of arbitration as a method within the context of alternative conflict resolution has become an increasingly major practice. It provides a tech...

Arbitration has been increasingly popular as an alternative conflict resolution procedure due to its ability to provide speed, flexibility, and neutrality. The scope of arbitration has seen con...

Recently, the Supreme Court referred the question of modification of award by the court under section 34 and 37 of the Arbitration and Conciliation Act, 1996 to a larger Constitution bench to d...

Intractable conflicts are the conflicts which have not been resolved for a very long time and such conflicts leads to political, economic and diplomatic tensions among nations. The primary obje...

In this era of commercialization and globalization, nations are witnessing a significant expansion in their economic policies and markets, leading to a surge in investments. This influx of inve...

Alternative Dispute Resolution is commonly known as ADR. This is a way to resolve disputes without long trials. It saves both money and time. This is a less formal and less stressful process th...

Arbitration is a part of the Alternative Dispute Resolution (ADR) mechanism that helps parties who want to avoid the usual lengthy recourse to the local courts for dispute resolution. The dicti...

In the following paper, we discuss what arbitration is, as well as the ethics and problems associated with the ADR process. These moral standards are crucial for everyone who finds it difficult...

Humans are always been concerned about getting the justice without any conflict and destruction. other than litigation ADR (Alternative Dispute Resolution) is a technique for settling the dispu...

Arbitration, as an alternative dispute resolution mechanism, boasts numerous advantages like speed, flexibility, and confidentiality. However, it isn't without its challenges, both globally and...

Institutional Mediation is a process of dispute resolution. The Rules for Mediation are mentioned under Commercial Courts Act, 2015. An Amendment or new rules passed in 2018 now makes it compul...

Public-Private Partnerships (PPPs) are pivotal for infrastructure development, merging public resources with private sector efficiency. However, disputes, stemming from financial disagreements,...

India passed the 1996 Arbitration & Conciliation Act in order to implement the UNICITRAL Model Law on Arbitration and in response to a significant economic shift brought about by the 1991 N...

What we learn from Lord Krishna in context of ADR? Ans: In the context of Alternative Dispute Resolution (ADR), there are valuable insights that can be drawn from Lord Krishna's teachings in the...

Alternative dispute Resolution (ADR) refers to when a resolution to a dispute is sought out of court. The processes of arbitration, conciliation, and possession proceedings are alternates for t...

The Chief object of the Negotiable Instruments Act is to legalize the system under which Negotiable Instruments Act Pass from hand to hand in negotiation like ordinary goods. According to its p...

The knowing expansion in the solvent progress of union over the lasted decemvirate has been sustained by a noticeable gain in the figure of profitable disputes. In Conclusion, alternative dispu...

The numerous miscellaneous issues and blocks are common to the settlement of territorial disputes trans border resource management of disputes. There is: An international peace park, A neu...

This blog has sought to unravel the legal maze surrounding the Supreme Court's controversial ruling, question the rationale behind the judgment, and explore the broader implications for the Ind...

Online Dispute Resolution is a technique of dispute settlement that utilizes the use of software to help parties resolve their issues. Negotiation, mediation, arbitration, Conciliation, etc. ca...

Arbitration has grown in popularity and effectiveness as a mechanism for resolving disputes in international trade and business. It's impossible to say where extensively arbitration is used, bu...

Under the Law on commercial Agreement,an arbitration agreement or an An arbitration clause shall be concluded between the parties in written. The conclusion of the written agreement may be in a...

For centuries humans have been settling most of their disputes with one or another method, the issue of enforceability is a settled issue in field of court process.[1] On the other hand, mediat...

In a country like India where: "Our legal system has a reputation for being expensive and for being prone to delays"[1] and our courts are overburdened Inadequate infrastructure, thus constant...

[The system in Bharat] In today's world where courts are flooded with lakhs of cases leading in long delay in resolving conflicts, these dispute resolution methods serve as a light of hope fo...

Family is said to be the basic unit of society, which develops society through the chain of relationships. According to Sociologists, the family is an intimate domestic group of people related ...

Crisis management is a pivotal aspect of corporate governance, and when it comes to multinational corporations, it takes on a unique and complex dimension. These global entities operate across ...

In a world where disputes and conflicts are inherent, efficient dispute-resolution methods are indispensable. The Mediation Act of 2023, a significant legal development in India, establishes a ...

Every coin has two sides with numerous advantages and disadvantages. The main aim of this article is to shed light on the concept of arbitration and its merits and demerits in relation to the t...

This Research Paper Talks about "International Commercial Arbitration and its Legal issues." International commercial arbitration is a method of settling disputes that arise from inte...

Arbitrators serve as impartial adjudicators in dispute resolution, sidestepping lengthy court proceedings. Appointed or agreed upon by parties, they assess evidence, apply relevant laws, and is...

In a recent ruling by a constitution bench of the Supreme Court of India, referred to as the "Larger Bench," a 3:2 majority decision was reached in the case of N.N. Global Mercantile ...

Dispute resolution is the process of resolving conflicts or disputes between two or more parties. In India, there are various methods of dispute resolution available, including Alternative Disp...

The discourse surrounding the unilateral appointment of arbitrators and the subsequent unfairness and unequal treatment of the parties is lengthy and tedious, one which primarily revolves aroun...

In an increasingly interconnected and complex world, disputes and conflicts are an inevitable part of human interaction. Whether in business, international relations, or personal matters, confl...

The year 2019 marked a pivotal moment in India's journey toward institutional arbitration, signifying a determined effort to cultivate an arbitration-friendly environment. This endeavour, echoe...

The Indian legal system traces its origin back to the colonial era, when the earliest attempts for reforming the contemporary legal structure were made by the East India Company, through numero...

The Online Dispute Resolution System includes Arbitration, Mediation and Conciliation. The Parties need to incorporate ODR clause in the contract to avail the benefit. It is legally recognised ...

Party Autonomy is an essential aspect of arbitration agreements. The arbitration agreement is generally formed to reflect the autonomy of the parties. However, the validity of arbitration a...

This research paper aims to explore how conciliation can serve as a novel and effective approach to establishing a new equilibrium in the realm of industrial relations. To achieve this, the pap...

Since time immemorial, humans have had disputes and fights. The only difference is earlier wars were fought to establish who is right or wrong or people had to go to the king's darbaar to get i...

The process of resolving a disagreement or conflict between various parties is known as dispute resolution. Importantly, conflict resolution can be a means to settle a dispute without going to ...

The Calcutta High Court, in its ruling on June 8, 2023, reaffirmed the established legal position in the case of Blue Star Ltd v. Rahul Saraf.[1] The court emphasized that a valid arbitration a...

As we all know that Indian Courts are overburden with the pending cases. So if there is any Dispute and you go to court, it might take a very long time to resolve it, maybe years. And that's wh...

Well, not everyone can be appointed as an Arbitrator as there are some restrictions in place. Section 11(1) of the Arbitration and Conciliation Act, 1996[1], hereinafter referred to as the (Act...

Arbitration is a dispute resolution process where parties involved in a dispute agree to have their case heard and decided by one or more neutral third parties, known as arbitrators or an arbit...

Mediation is a voluntary and informal process used to resolve disputes with the assistance of a neutral third party, known as the mediator. The mediator facilitates communication between the pa...

The advent of the digital era has revolutionized various aspects of modern life, and dispute resolution is no exception. Online mediation, also known as virtual mediation or e-mediation, has em...

To be considered valid under the Arbitration and Conciliation Act, 1996, an arbitration agreement must meet specific requirements outlined in Section 7 of the Act. These requirements include th...

Arbitrability of shareholder disputes in India is a topic that has undergone significant development in recent years. Arbitrability refers to the ability of a particular dispute to be resolved ...

Negotiations play a pivotal role in various aspects of human life, from business deals and contracts to resolving disputes and conflicts. Traditionally, negotiations have heavily relied on hu...

The non-obstante clause in section 142(1) of the Act 1881 would ovveride S.406 Crpc. The non obstante clause was there in the original S.142 itself and was not introduced by way of the amend...

As the famous dialogue by Bollywood Actor Sunny Deol in Bollywood film Damini1, it goes, "Tareek pe Tareek, Tareek pe Tareek mil gayi, lekin insaaf nahi mila" This very well represents the cur...

The motive of the Limitation Act, of 1963 is to reduce unnecessary litigation and to reduce the burden and chaos of the court. Section 43 of the Arbitration & Conciliation Act,1996 shall ap...

Alternative dispute resolution (ADR) techniques like mediation have grown in acceptance in India recently. A neutral third party, known as a mediator, assists parties to a disagreement in commu...

The Hon'ble Apex Court in Voestalpine Schienan GMBH V. Delhi Metro Rail Corporation Limited[1] observed that "Rule against bias is one of the fundamental principles of natural justice which [is...

Alternative dispute resolution (ADR) mechanism is often hailed as the new, modern, cost-effective, and efficient pathway to justice. Compared to the traditional court proceedings, ADR mechanism...

Arbitration has penetrated the legal system to be the leading form of an alternate dispute resolution. The roots of arbitration are dated back to antiquity, with the first arbitrator being King...

Enforceability of an unstamped arbitral agreementThe judiciary has debated whether an arbitration provision in an unstamped or poorly stamped agreement may be implemented. The issue regarding the...

The parties to the contract can form a consensus where they mutually decide to either substitute or rescind the entire contract or to modify, alter, vary or rescind some of its terms. Now, sinc...

Alternate dispute resolution (ADR) is growing its importance in the present times due to the very fact that the dispute resolution between the parties is settled quickly and the expenses of the...

Alternate dispute resolution (herein ADR) refers to a process of resolving disputes without getting involved in the procedures of the court system. The ADR system can prove to be as the name su...

Kinds: ad hoc arbitration Contractual arbitration Institutional arbitration Statutory arbitration Domestic arbitration International commercial arbitration Meaning: The dictiona...

As an alternative to litigation, arbitration was introduced, as the parties have the autonomy, to select the procedural law that will govern their agreement, the place of their legal proceeding...

Alternative Dispute Resolution, or ADR, is resolving conflicts between two or more disputing parties, typically outside of court and without adhering to conventional litigation processes, throu...

"Justice Delayed is Justice Denied" Indian judiciary is one of the Oldest Judicial System. Many developments are being done in our system to make access to justice much efficient. Bu...

This paper focuses on the grounds on which an arbitral award can be challenged. Arbitration is an auxiliary process where the parties can resolve their dispute rather than determining their rig...

The meaning of mediation is an informal process for helping people who have a dispute to sort it out for themselves without going to court and it is a process in which the parties to a dispute,...

"Discourage litigation. Persuade your neighbours to compromise whenever you can. Point out to them how the nominal winner is often the real loser-in fees, and expenses, and waste of time. As a ...

The Supreme court on March 26, 2021 settled the most debatable issue among the legal fraternity regarding the relationship between arbitration and insolvency in the case of Indus Biotech Privat...

Technology is revolutionizing the way legal professionals work, and arbitration practice is no exception. The use of technology in modern arbitration practice has increased exponentially in rec...

Alternative Dispute Resolution ADR "Alternative Dispute Resolution" refers to any means of settling disputes outside of the courtroom; it is a process in which a neutral third party, typically ...

Securities arbitration and dispute resolution refer to the process of resolving disputes between investors and securities industry professionals, such as brokers, investment advisors, and broke...

As a nationwide crisis of pandemic outbreaks and significant increase in usage of online platforms. Many firms are relocating their activities online, there is an increased interest in employin...

It is a well-known fact that the tribunal must decide its own competence. Arbitral tribunals can rule on their own jurisdiction under the doctrine of Kompetenz/ Kompetenz. Such competence is pr...

Micro Small and Medium Enterprises Facilitation Council (MSMEFC) was initiated by the respective state governments. It's generally known as the' MSME Court.' The MSMEFC acts as an Adjudicator f...

"Justice delayed is Justice denied" is the only cluster of words often heard in case of judicial proceedings, but the current state of the ratio of pending cases in the Courts of Law consi...

Arbitration is a method of resolving disputes outside the traditional court system. It is a form of alternative dispute resolution in which a neutral third party (the arbitrator) is appointed t...

The prerequisites of effective arbitrators, mediators, and conciliators are discussed in this article. Arbitrators, Conciliators, and Mediators all play critical roles in the resolution of disp...

Indian judicial is one of the oldest judicial systems, a world- famed fact but currently it's also well- known fact that Indian judicial is getting hamstrung to deal with pending cases, Indian ...

It is the agreement which binds the two parties in terms of confidential relationship. The parties sign the agreement and make sure that no information is leaked or is not provided to any th...

Section 8 of the Arbitration and Conciliation Act, 1996 deals with the power of the judicial authority to refer the parties to arbitration. The crux of the provision is that if there is an arbi...

The three judge bench of R F Nariman, Aniruddha Bose, and Ramasubramanian held on 27th November 2019 that Section 87 of the Arbitration and Conciliation Act, 1996 must be struck down, it being ...

A brief look at the Space Industry Until recently, only a few countries had access to outer space. However, since then, more and more private enterprises have been able to participate in the &...

How Would You Respond If I Told You That There Are Alternatives To Using The Courts To Settle Your Disputes?Be not alarmed. There are such techniques, and the parties attempt to settle their co...

Judiciary is one of the best and oldest judicial system but now it becoming incapable to handle all the pending cases. To deal with this problem, the judicial system introduced a new process wh...

The Supreme Court of India recently held that the Micro, Small and Medium Enterprises Development Act (MSMED Act) will have overriding powers over the Arbitration Act. In a landmark decision, t...

United, we stand, divided, we fall. A very famous saying we all have heard, as true as old. We all have heard of various stories of the strength of Unity. The same thing has been followed by v...

An arbitration award is an award granted by the arbitrator in their decision. This award can be money one party has to pay to the other party. It can also be a non-financial award, such as stop...

Interim Measures Of Protection Concept of interim measure is an old concept of the rule of law. It is for the protection of parties in a case when the suit is still pending. The 1996 Act has n...

This paper aims to introduce technological advanced techniques of dispute resolution that have gained utmost importance especially amidst and post pandemic world. The author aims to shed light ...

On 20 December 2021, the Mediation Bill 2021 introduced in the Rajya Sabha, with the Parliamentary Standing Committee being tasked with a review of the Bill. The committee's report finalizes an...

Arbitration means a process where parties come into an arbitration agreement in which the party with mutual consent appoints a person(s) as an arbitrator who can resolve disputes and make harmo...

Commercial conflicts in India have increased significantly in recent years as the country's economic development has accelerated. As a result, alternative dispute resolution has begun to incorp...

Mediation is a form of ADR. ADR, or Alternate Dispute Resolution, refers to ways in which disputes can be resolved between people without going through any formal trial. The ADR proceedings are...

Arbitration is based on the Arbitration and Conciliation Act 1996. SEC 2 (1): "Arbitration" is any litigation conducted or not by a permanent arbitral tribunal. Arbitration A...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

Courts are an important institution without which society would result in confusion and chaos. Their significance can't be emphasized enough, however, several numbers of the disputers which ari...

Mediation Council of India According to the provisions of the mediation bill, 2021 a regulatory body known as the Mediation Council of India will be formed to oversee and regulate medi...

The field of insurance arbitration in India is at inception and the recent judgments have the potential to change the way insurance companies operate. Regulators must be more proactive in allow...

Society since its inception has faced a lot of disputes and conflicts and settlement of these problems have become an essential part of it, Court settlement though is well accepted but has suff...

"Keep The Option Of Going To Courts As Last Resort" -- CJI NV Ramana Every legal system is trying to attain the legal idea that whenever there is wrong there must be a remedy so that no one sh...

Unravelment of ODR in the Indian Landscape: Hurdles and Possible Solutions. How beneficial can it be for you to have the services of legal dispute resolution on your laptop How about filin...

The alternative dispute resolution system (ADRS) has become the need of the hour in today's world of globalization and liberalization because of unnecessary delays in court hearings. The ADRs a...

With the increase in international commercial trade and business have also led to the increase in the role of arbitration in almost every sphere. In a similar way arbitration can be used as a m...

Healthcare workers face enormous problems as a result of the rapid advancement of technology and the rising demands of patients. On addition, patients are well-versed in their rights. Disputes ...

International Dispute Settlement deals with the settlement of disputes between states, organizations from different countries, individuals, juristic people, or institutions from different nat...

When it comes to great leaders who have hailed from Indian soil, Mohandas Karamchand Gandhi is without a doubt at the top of the list. Born on the 2nd of October 1869, Gandhi was a lawyer by pr...

Time and again in India, it has been ruled that invocation of writ jurisdiction against an order of Arbitral Tribunal is not generally permissible. The scheme of Arbitration and Conciliation Ac...

In Swadesh Kumar Agarwal case[1] decided on 5th May 2022, Supreme Court of India ruled that there is no requirement of a written arbitration agreement between the parties, if the arbi...

The 1996 Arbitration & Conciliation Act (hereinafter "the 1996 Act") was first promulgated by way of issuing an Ordinance as a step in urgent economic reforms necessitated by new economic p...

Transparency in Arbitration is the major topic of this essay. Arbitration is a form of conflict resolution in which the parties agree to have their disagreement resolved by an arbitrator (one o...

Dispute resolution outside of courts is not new; societies world-over have long used non-judicial, indigenous methods to resolve conflicts. What is new is the extensive promotion and proliferat...

Everyone has a way he/she does his/her things and this speaks a lot about the person concerned. Pattern of man's activities makes him expectant and as well predictable by others. In other ...

The globalization of trade and commerce and economic liberalization created need for effective implementation of economic reforms. The rate of industrialization, modernization, and socio-econom...

This article gives an overview of the Amazon.com NV Investment Holdings LLC v. Future Retail Limited case. Introduction In a significant win for web-based business behemoth Amazon, the Supreme...

An arbitration award is the award granted by the arbitrator in their decision. This award can be money one party has to pay to the other party. It can also be a non-financial award, such as sto...

Arbitration is a type of out of court settlement in which parties agree to submit the dispute to one or more arbitrators who make a binding decision on the dispute. Arbitration has been defined...

Lok AdalatLok Adalat, also known as People's court is a well-known system of alternative dispute resolution in India created under the Legal Services Authorities Act, 1987. Lok Adalat is inspir...

The economic reforms and the economic policies introduced by the country made it a favourable destination for foreign investments and trading relations with the world. The Indian court system h...

India is a secular state wherein a large population professes and practices different religions. The Indian legal system, over the times, has also developed in lines with the different religion...

According to Section 11(4) of Arbitration and Conciliation Act, 1996 " The arbitral institution shall determine the fees of the arbitral tribunal subject to the rates specified in the Fourth Sc...

"Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be business eno...

In this time of pandemic, every sector changed its pattern of working. This change of pattern is also encountered in the field of law. Arbitration is regarded as one of the efficient way of res...

With the growth in international trade and investment , international trade and contractual disputes and so with increase in International commercial arbitration to settle those disputes. The ...

Panchayats Provincial advancement is one of the primary goals of Panchayati Raj and this has been laid out in all provinces of India with the exception of Nagaland, Meghalaya and Mizoram, in a...

Article 39 A of the Constitution of India clearly provides that: The state shall secure the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in parti...

The realm of mediation has expanded dramatically. Since then, mediation has evolved from an alternative approach to conflict resolution for community activists to a process that has become part...

The process of Adjudication in the Court and the Arbitration, both are awaited for resolving the disputes between the parties. But the arbitration process is completely different from the court...

Organisational conflict or workplace conflict is a sort of dispute which is arisen due to differences of opinions, needs, values and interests which may be in opposition to each other's perspec...

Arbitration is sometimes portrayed as only a procedural tool for resolving contract disputes. Procedural benefits include the fact that: Arbitrators can be chosen for their expertise in matt...

Technology is an all-pervasive element in the modern world and is an inherent part of innovation in all fields. Technological innovation has been evolving the way we communicate, partake in bus...

The construction industry is one of the largest contributors to economic growth universally. This holds true specifically to India as this industry is a major contributor to India's GDP. This i...

Supreme Court of India in its recent Judgment dated 04th January 2022 pronounced by the bench consisting of Hon'ble Justices Mr.M.R.Shah and Mrs Nagarathna in the case of Ellora Paper Mills[1] ...

A case heard by a two-judge bench comprising Justice U.U. Lalit and Justice Indu Malhotra, in the Supreme Court upon the appointment of Sole Arbitrator as per Section 11 of the Act. Mr Amar Dav...

Alternate Dispute Resolution in Ancient India & It's Lessons "Discourage litigation. Persuade your neighbors to compromise wherever you can. Point out to them how the nominal winner is o...

The population of India is reaching towards 1.5 billion Mark. There are a number of pending cases in civil courts and that are a great burden over the judiciary. These cases are creating delay ...

The significant growth in the number of business disputes over the last few decades has paralleled the significant increase in economic development of nations. In India also, rapid economic glo...

In arbitration, the disputing parties settle their dispute through the process of a court by a third person who is a person chosen by concerning parties. The general perception is that litigati...

Public policy is the means by which a government maintains order or maintains the needs of its citizen. Public policy is the rules and regulations made by the government for the better function...

Great progress was made when arbitration treaties were concluded in which the contracting powers pledge in advance to submit all the conflict to an arbitration court treaties which not only spe...

The doctrine of separability treats an agreement to arbitrate contained within a contract as an independent agreement that is deemed to be separable from the main contract.To put it simply, as ...

Alternative Dispute Resolution (ADR) is not just about Arbitration it engulfs in itself various modes which are different from litigation but solve the same purpose that is 'provide justice' bu...

One of the largest commercial battles in Indian history is ready to come to an end. Two industrial titans are fighting for the ruins of a fallen Indian retail giant. The case involves a challen...

India is one of the fastest growing Economy of the World. Arbitration is the most preferred dispute resolution method today in business contracts. The law offers a choice upon the parties to en...

Arbitration is a form of Alternative Dispute Resolution. ADR methods enjoy significant advantages such as lower costs, greater flexibility of process, higher confidentiality, greater likelihood...

The Arbitration and Conciliation Act, 1996 (Act) was framed to minimize judicial interference. Accordingly, Section 34 of Act, provides limited grounds on which an aggrieved party can rely on a...

With the uprising development of nation the burden falls over the judiciary. Even at this 21st century there is a lack of required law for establishing social norms and peace. Our judiciary sys...

The fast track process in adjudicating the dispute by the arbitration proceedings has created a craze in most of the parties to get their dispute resolved through the arbitration irrespective o...

ADR Helps In Better Access to JusticeThe access to Justice is one of the essential rights of every citizen. But to what extent this is really being accessible. This is not that courts are not ...

Arbitration, mediation and conciliation are the main Alternative Dispute Resolution Mechanism which is generally adopted by the people to resolve their disputes in an informal manner. They try ...

The issue about whether an Arbitration proceeding's inimitable jurisdiction could be enmeshed on the grounds of the Seat of Arbitration, regardless as to whether any cause of action has surface...

Section 7 of the Arbitration and Conciliation Act, 1996[1], defines an Arbitration Agreement as an agreement signed by the parties to submit to the process of arbitration all or any certain dis...

The UNCITRAL Model Law on International Commercial Arbitration and the UNCITRAL Arbitration Rules 1976 became the basis for the advent of arbitration legislation in India. The Indian law of arb...

The Seat of arbitration is a very important facet in arbitral proceedings. It determines which court will have the supervisory power over the matter and clarifies the jurisdictional issue. The ...

Corporate disputes in all forms of the Business organization include disputes that are Breach of Contract, Antitrust, Breach of Fiduciary Duty, Mala-Fidei, Business Torts, Class Actions, Debtor...

Elective Dispute Resolution, in and of its real substance, is concerned immaterial hindrance by the Judiciary to make sure quick and optimal transport valuable. Mediation, being one amongst the...

In these tough times of inflation, unemployment, crime, anger, greed, impatience, almost everyone has some kind of dispute with somebody else, may be its personal, matrimonial, commercial, proper...

Section 5 of the Arbitration and Conciliation Act, 1996 ('Act") limits legal mediation during the time spent Arbitration in India, save as given under the Act. Section 16, in accordance wi...

Prior to 2010, if a party to an international arbitration requires to get an interim order, prior to formation of the arbitral tribunal, it was left with no other option other than approaching ...

Arbitration is experiencing a momentum of growth with an accelerated rate of development. The impact of technology has been on a hike in India since the late 19th century. This has greatly cont...

The word Condone[1] means to 'voluntarily pardon or overlook' whereas in the field of civil law delayed appeal is an appeal that takes place after the time for appealing has expired, but only whe...

The Law Commission had recommended amending the definition of Party under Section 2 (1) (h) of the Arbitration and Conciliation Act, 1996 to include person claiming through or under such party...

Section 21: Commencement of arbitral proceedings. Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request fo...

Lawsuits may not be the best manners in which to resolve disputes, therefore our legal system provides other methods of dispute resolution: NEGOTIATION, MEDIATION and Arbitration And Conciliati...

In a recently delivered judgment of M/s Silpi Industries etc. vs. Kerala State Road Transport Corporation & Anr, the Hon'ble Apex court of our country delved into the issue as to whether th...

The judgement was passed by Delhi Court on the issue of Appointment of Arbitrators to form an arbitral tribunal. S.11 of the Act pertains to the procedure to appoint arbitrator. First one is b...

Negotiation is the process by which two or more parties reach an agreement and a popular approach for parties to resolve disputes. The negotiation process is divided into five stages: Investi...

Section 34 of the Arbitration and Conciliation Act, 1996, provides for setting aside the arbitral award by the court. Section 34 has been a long-disputed section of the Act and has undergone va...

Arbitration is regarded as a procedure in which a dispute is submitted before an Arbitration Tribunal, by agreement of the parties guided by the arbitration contract or a clause in the contrac...

Arbitration under Arbitration and Conciliation Act, 1996Arbitration is an old concept under the Indian legal system. It has been part of the system since 1777 when railways used arbitration to re...

Arbitration can be traced back to the pre-establishment of courts where people used to solve their issues in the presence of a third party in the form of Panchayats. Eventually, India saw ...

Techniques for resolving disputes range from procedures in which the parties have complete control over the procedure to methods in which a third-party control both the process and the outcome....

In the matter titled Rapid MetroRail Gurgaon Limited v. Haryana Mass Rapid Transport Corporation Limited and Ors[1] (Instant Matter), the Hon'ble Supreme Court bench comprising of Justice D.Y. ...

In 1963, Martin Luther King Jr used the phrase "justice too long delayed is justice denied" in one of his letter - "Letter from Birmingham Jail", which was smuggled out of ...

Persuade your neighbours to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses, and waste of time.- Abraham Lincoln (16th P...

At all events, arbitration is more rationale, just and humane than the resort to the sword- Richard Cobden Looking around the world today, all one can see is globalization, expansion of extr...

Supreme Court of India while dealing with the case of Deep Industries[1], held that an order passed by allowing or dismissing an application filed under Section.16 of the Arbitration and Concil...

The arbitration involves the ouster of jurisdiction of civil courts by mutually consenting among the parties in lieu of jurisdiction conferred upon a specific set of persons known as Arbitrator...

Arbitration is a private dispute resolution practice, to resolve disputes between the parties, without approaching the National Courts of a country. But at the same time the procedure of arbitr...

Alternative Dispute Resolution (ADR) mechanism has been providing for a methodical platform to Indian legal system, for resolving a plethora of matters reducing the burden of abundance of pendi...

The Supreme court of India in its recent judgment, in the matter of PASL Wind Solutions[1] delivered on 20th April 2021, held that two or more Indian parties can resort to a foreign seated arb...

Unlike many types of domestic arbitration where unreasoned awards (often called standard awards) are the norm, international commercial arbitration routinely requires arbitrators to produce fully...

The Supreme Court of India vide its Judgment dated April 8, 2021, while disposing of an appeal arising out of an application seeking to appoint an arbitrator under section 11(5) and (6) of the ...

A business contract is the foundation of a commercial relationship and also sets the guiding principles for operations. Yet, commercial relationships often run into choppy waters. In recent tim...

An R&D agreement is additionally usually connected to a grant or project arrange and so the content of such a research and development agreement should be geared to the relevant grant condi...

Arbitration and Conciliation Act 1996 is the procedural law that governs all the arbitrations having the seat of arbitration in India. But at the same time there are some special legislations t...

Due to its flexibility and unique process, arbitration becomes the celebrated dispute resolution mechanism in international trade disputes. India now is aiming to encourage arbitration and starti...

Blockchain technology is praised as the new foolproof technology everywhere. From cryptocurrencies to self-executing smart contracts, blockchain technology is the new change bringing data secur...

The recent judgement given by the Hon'ble Supreme Court in the matter of Bharat Sanchar Nigam Limited vs M/s Nortel Networks India Pvt. Ltd. has ruled on the applicability of Article 137 of the...

Consilia omnia verbis prius experiri, quam armis sapientem decet -An intelligent man would prefer negotiation before using arms. What Is Negotiation? Negotiation is the process which helps people...

Arbitration offers parties with a plethora of advantages over litigation in commercial disputes. The purpose of arbitration is to bring into effect a quasi-justice delivery system agreed upon b...

The quest for analyzing the above question arose in mind after reading the judgement passed by the Hon'ble Supreme Court in the case of Perkins Eastman Architects DPC and Ors. v. HSCC (India) L...

The video was about the right to arbitrate. He talked about progressive Indian Contract Act, 1872 as there was already an exception in Section 28 - Agreement in restraint of legal proceedings a...

The expression public policy has not been defined in the Arbitration and Conciliation Act, 1996. The expression 'public policy' is not capable of a precise definition because it is a variable n...

Without having system to ensure impartiality and independence of Arbitrators, arbitration cannot gain confidence in the minds of the parties to the dispute. It is not sufficient that many arbit...

Henry J. Brown explained that: Mediation is a facilitative process in which disputing parties engage the assistance of an impartial third party, the mediator, who helps them to try to arrive a...

In case of any disputes, most international agreements have an arbitration clause with regards to settlement of such disputes. However, not much is discussed about how to go about such an inter...

The list of issues allowed for arbitration is never an exhaustive list. This list not defined by legislation and not even by the judiciary. But application judicial minds through various case l...

Globally, in the area of international arbitration, for example, a search reveals that more than 160 arbitral awards at least those that have been made public have referred to the term public p...

The term arbitrability is basically classification of disputes into ones which may be resolved by arbitration and ones which belong exclusively to the realm of courts. Existence of a dispute...

This article examines the nexus between Section 37 of the Arbitration and Conciliation Act with Article 116 and Section 5 of the Limitation Act with the object of determining the period of appeal...

Documents only ArbitrationThe flexible nature of arbitration means that it is well-placed to adjust, not just to short-term disruption, but also to any broader changes in working practice that ...

A country is as strong as its judicial system. when you read about the appalling reports that about 2.5 Crore cases that are pending in Indian Courts, first thing that comes to your minds is th...

The judicial system in India is plagued by inordinate delay. Quick redressal has become an elusive target. It can be said that the smooth and satisfactorily functioning system has now failed to...

To invoke the arbitration clause and make it operational, there must be a concluded contract between the parties as envisaged under Section 7 of the Contract Act, 1872, this remarkable stand wa...

The criterion for invoking section 34, 47 and 48 of the Arbitration and Conciliation Act, 1996 were discussed as a dispute arose between an Indian and Italian Company that was referred to the I...

The Court dealing with the proposition i.e. whether two Indians can agree to arbitrate out of Indian law, the Court relied on GMR Energy Limited vs. Doosan Power System India Ltd. & Ors., a...

The Court has explained the meaning & significance of an arbitration agreement. The Court has correctly held that in accordance with Section 7(3) of the Arbitration and Conciliation Act, th...

In the contemporary day and age the whole nine yards can be bought with the potentiality of paper money, except for the Time.Time is absolute and priceless. Every single stride taken in techn...

In view of the position of law laid in SBI v. Ericsson, it would not be permissible for the learned Arbitral Tribunal to issue any such direction as would prejudice the rights of such third par...

History Of Arbitration Law In India Frances Kellor, the only female founder of the American Arbitration Association, in her book, American Arbitration: Its History, Functions, and Achievements&n...

Arbitration in its today's dimension is a phenomenon that represents an alternative system to a state organized litigation. Arbitration is way of settling disputes among subjects in various fie...

On 4th November 2020, Government of India Ministry of Law and Justice promulgated an ordinance in the name of Arbitration and Conciliation Amendment Ordinance 2020. The said ordinance brought i...

An individual is free to bargain for himself and safeguard his own interest. They can negotiate and settle their terms with the employer in a better way and secure better wages, better terms of...

In a recent Judgment of Supreme Court of India in the matter of South East Asia Marine Engineering[1] it was held that in order to mitigate the harsh consequences of frustration of contracts un...

By way of a recent Judgment dated 16th September 2020 in the matter of Vedanta[1] Supreme Court of India settled the law relating to limitation to enforce foreign commercial arbitration awards ...

Peace cannot be kept by force, it can only be achieved by mutual understanding -Albert Einstein Introduction Digital technology has brought major transformation in the arena of di...

Lex Mercatoria is a latin word which was used by the merchants in the medieval times. The term Lex Mercatoria means that there is a body of trading principles used by the merchants which were u...

Arbitration as an alternate dispute resolution mechanism has seen a substantial rise in the last decade or so, not only in India but throughout the globe owing to the fact that arbitration allo...

This article deals with the challenges that arise due to third party funding in the conduct of international commercial arbitration. The use of a third party is much debated and it is yet hard ...

Third party funding at present is one of the most controversial topics in ICA. The funders under this type of funding fund the arbitration proceedings either partially or fully. The funders fun...

Section 16 envisages the concept of Kompetenz-Kompetenz, in other words it is recognition of the concept that the arbitral tribunal has the right to decide on a challenge to its own jurisd...

In the last few years, there has been an improvement in the Consumer Redressal process. You must be astonished that why I am saying this? Well, I am saying this because earlier, Consumers have on...

Online Dispute Resolution - A cure for Justice delayed and Justice denied problem of India Introduction: Today is the time for being Digital. Everything is becoming digital these days. Today is ...

When parties enter into a contract they are bound to follow the terms of the contract that are mutually agreed by the parties of such contract. One of such clauses included in the contract is tha...

To be or not to be, that is the question? this phrase from Hamlet's soliloquy reflecting indecisiveness is aptly applicable to the validity of the unilateral arbitration clause (UAC). With the...

The judgment touches upon the virtue of the appointment of a substitute arbitrator within the purview of a petition filed under section 11 of the Arbitration  & Conciliation Act, 1996 (more specif...

By a recent Judgement dated 14.07.2020, the Supreme Court of India while deciding Arjun PanditRao Khotkar[1] settled the law relating to admissibility of evidence of electronic records in legal...

The courts of this country should not be the places where resolution of disputes begins. They should be the places where the disputes end after alternative methods of resolving disputes have be...

Mediation is an out of court settlement which is voluntary and two parties undergo this process to reach an amicable settlement. Mediation being one of the Alternative Dispute Resolution mechan...

The global population is rising every second and so are the number of people knocking the doors of courts of law. The pendency of suits cannot be dealt unless the common law system is reformed....

Intellectual Property Rights (IPR) are exclusive rights given to creator for use of his/her creations for a certain period of time. Exclusive rights are given to use own ideas, plans, intangibl...

Arbitration has become the preferred mode of dispute resolution for resolution of disputes amongst the business community due to speedy resolution, confidentiality of proceedings and availabili...

The recent judgement delivered by the Hon'ble Supreme Court of India in the case of South East Asia Marine Engineering and Constructions Ltd. vs. Oil India Limited [i] assumes relevance on acco...

The Arbitration & Conciliation Act, 1996 (herein after The Act) with its advent has paved way for an effective alternate dispute resolution mechanism but reduces importance of certain the p...

Commercial arbitration, as the words suggest, is a means of trade dispute settlement, by referring the matter to a third person, namely an arbitrator, who is selected by the parties. An arbitrator...

The key behind arbitration is to allow parties to resolve disputes mutually, particularly in the business sector, without arduous judicial proceedings, thus reducing time and money and increasin...

The Arbitration and Conciliation Act, 1996 (the Act) is based on the UNCITRAL Model Law on international commercial arbitration and conciliation. While the Act was not intended to displace the ju...

The promotion of India as an arbitration hub has been on the agenda of Indian lawmakers for some time now. The changes brought about by the Arbitration and Conciliation (Amendment) Act, 2015 (2...

Section 11 of the Arbitration and Conciliation Act, 1996 deals with the appointment of arbitrators. A person of any nationality may be appointed arbitrator unless the contrary intention is expr...

Presently the whole wide world is concerned about the impact of coronavirus on the economy and certain other specific sectors, wherein the impact on arbitration agreements would be today's discus...

This Article discusses the role of signature in arbitration agreement and how enormously it has validity in arbitration agreement. The Indian law in arbitration deals under Arbitration and Concil...

Mediation is an age-old procedure of dispute resolution rehearsed since vedic period. It is a low cost, keeping the issues, particularly family matters secret among three parties, two parties a...

In an age when Social Distancing is the new normal and the gospel for survival, its reverberation and impact can be seen in almost all possible walks of life. The biggest challenge that one need...

The Government of India wanted to make the country a center of domestic and international arbitration by bringing several changes in the existing Act. In order to implement this, a high-level...

Arbitration as a means of dispute resolution has gained widespread popularity amongst litigants over the past few decades. The main reasons for its widespread acceptability are due to timely r...

This paper intends to analyze in what situations does a matter qualify for arbitration and whether allegations of fraud or involvement of a non-signatory third party act as a bar to arbitration. ...

The Supreme Court, while deciding the United India Insurance Co. Ltd. v. Hyundai Engineering Co. Ltd.[1](hereinafter referred to as the ‘UIIC’ Case), made a rather surprising interpr...

The question is which is better means of resolving disputes, arbitration or litigation? There is no definite answer as to which is an inherently better process. 86 percent of the companies surv...

Arbitration has become the preferred mode of Dispute Resolution all over the globe. It has become so mainly due to timely rendering of decisions, flexibility of procedure and predictable outcomes...

The Indian court system has been burdened with a lot of disputes which in turn creates a lot of pressure on the judiciary, resulting in many pending and unresolved matters. Therefore, the field o...

The term Alternative Dispute Resolution (“hereinafter referred as ADR”) is used to describe several different modes of resolving legal disputes in a non-adversarial manner. In other...

A major advantage of Alternative Dispute Resolution (ADR) is the ability to select your own “Judge.” Both the parties can take full advantage of the same and select arbitrator, con...

An Arbitration Award is a basically a verdict given in an arbitration proceeding by an Arbitration Tribunal and can be associated to the judgement given by a court of Law. Nevertheless, the aggri...

In this article, we have presented an overview on the concept of Seat of Arbitration in International Commercial Arbitrations, with a view to discuss the eternal confusion underlying the principl...

Alternative Dispute Resolution (ADR) mechanism provides scientifically developed techniques to Indian judiciary which helps in reducing the burden on the courts. ADR offers to resolve all type of...

Covid19, the global pandemic has caused disruption in all facets of life worldwide. With everything else logging on during Covid-19 outbreak, High Courts and the Supreme Court of India have also ...

Before going into the legislative language and judicial interpretation of the enforcement of arbitral awards, whether domestic or foreign, it is worthy to have basic nuances of the terminologies ...

In the realm of Jurisprudence it has been said that Possession is 9/10 of the Law. It can be said that similar is the case of Interim Relief's in the case of Arbitration, both before the National...

Covid19, the global pandemic has caused disruption in all facets of life worldwide. With everything else logging on during Covid-19 outbreak, High Courts and the Supreme Court of India have also ...

Federation of Oils, Seeds and Fats Associations Limited (FOSFA) is an association of various companies, firms, traders & organizations who are into the business of certain commodities. The abo...

Public Policy has been in a vigorous debate for the past few decades. This research paper discusses the need for a public policy if there is, then to what extent should the Public Policy guide ...

Deciphering as to where shall be the seat of arbitration as per the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has been a highly contested issue all along. The la...

In India, Arbitration is a process for the resolution of disputes outside the judicial courts, wherein the parties to the dispute refer it to one or more individuals (an Arbitrator), by whose dec...

Prognosis: Settlement of disputes by Arbitration is on the increase in India. In this article the writer intends to examine whether the arbitration under the 1996 Act, including its latest Amendm...

Carrying on business activities entails many issues one of which is parties entering into various contracts that lay down the terms and conditions. Although generally, efforts are made for unhind...

To be, or not to be: that is the question: ……for who would bare the whips and scorns of time, the oppressor's wrong, the proud man's contumely, the pangs of despised love, the law's d...

The guiding principle of Arbitration is l'autonomie de la volonte, that is arbitration is based on the autonomy of the parties. The Supreme Court of Texas has said that consent is the cardinal pr...

Mediation and Conciliation are two methods of conflicts resolutions in which a third-party is involved. His role varies from one method to another. Unlike the conciliator who has an active role i...

Family Institutions Families are found in all the diverse patterns, creeds, sizes and colours and they form the heart and soul of the human society. Talking about marriage and family, they both a...

Alternative Dispute Resolution (ADR) refers to any means of setting disputes outside of the Court Room. Alternative Dispute Resolution (ADR) refers to a variety of processes that help parties ...

Discourage litigation, persuade your neighbours to compromise whenever you can. Point out to them how the normal winner is often a loser in fees, expenses, cost and time.- Abraham Lincoln The...

Oil and Natural Gas Corporation Ltd.[1] v. Saw Pipes Ltd.[2] is a case in which the Supreme Court delivered a landmark judgement. This case is of year 1996 when a dispute arose between both the ...

There has been lot of changes taking place across the country from decriminalization of adultery to the present citizen ship amendment. Among all such major changes one of a significant aspect wa...

We need diversity of thought in the world to face new challenges.The words which appear above embrace within them, the multi-millionaire inventor of the World Wide Web, Professor Tim Berners Leeâ...

Institutional arbitration has achieved a significant place the world over. Due to various well reputed arbitral institutes and competitiveness inter se, these institutes tend to afford greater fa...

In business, you don’t get what you deserve, you get what you negotiate. The law of Arbitration in India is governed by the Arbitration and Conciliation Act, 1996 (the Act). The act has...

Venue of Arbitration, though not defined anywhere in the Arbitration and conciliation act of 1996, is the place chosen by the parties of the arbitration agreement to conduct the arbitration proce...

Part 3rd of the Act deals with conciliation. Conciliation means the settling of disputes without litigation. Conciliation is a process by which discussion between parties is kept going through th...

Arbitration, a form of alternative dispute resolution (ADR), is a way to resolve disputes outside the courts. The dispute will be decided by one or more persons (the arbitrators , arbiters or arb...

The Strategy of Alternative Dispute Resolution in India is a push to structure a serviceable and reasonable alternative to our customary legal framework. Need of ADR in India. The Arbitrati...

Lok Adalats The word Lok Adalat means ‘Peoples Court’ and it has statutory status under the Legal Services Authorities Act, 1987 therefore it is one of the Alternative dispute resolu...

Workers of the world, unite! You have nothing to lose but your chains Though the concept of...

Alternative dispute settlement mechanisms often require assistance of the legal system in order to be effective. Arbitration is also one of them.    The Indian arbitration space warranted ef...

Arbitration is an adjudicatory dispute resolution process by a neutral third party, governed by the provisions of The Arbitration and Conciliation Act, 1996 (The Act).    Arbitrations, larg...

In era of globalization, people in 21st century have witnessed the ultimate impact of Information and Communication Technology on social, economic, legal and cultural arena of globe. Technologica...

Concept of ADR Discourage litigation, persuade your neighbours to compromise, whoever you can. Point out, the normal winner is often a real loser in fees, expenses and waste of time.-- Abraham...

I realized that the true function of a lawyer was to unite parties... The lesson was so indelibly burnt into me that a large part of my time during the twenty years of my practice as a lawyer was...

The ADR system in India is definitely a great achievement where the judiciary is burdened in terms of quality and quantity, this system is definitely an ease for the people who face various negat...

Continuous growth of international commerce has resulted in players from various markets to seek other methods of dispute resolution in order to abstain from litigation since its enforcement in f...

It is necessary to understand ambit of award to be defined for judicial review. The court left open the question whether the order granting interim relief by the adjudicator would be a ward, with...

Abraham Lincoln said; discourage litigation, persuade your neighbours to compromise whenever you can. Point out to them how the normal winner is often a loser in fees, expense, cost and time. Me...

The laws regarding arbitration in India has come a long way but the main aim of the Arbitration Act,1966, which is to expedite the arbitration process and curtail judiciarys intrusion, has cons...

Arbitration and mediation are different methods of dispute settlement that can be broadly placed under the category of alternate dispute resolution (ADR) methods. These methods involve out-of-c...

With the passage of time , there have been a tremendous increase in the number of cases that came up before the judiciary .And such a saddled situation lead to delay and often deny of justice ,...