The 2018 amendment to the Commercial Courts Act 2015 brought in a new era of pre-institution mediation in India in resemblance of the opt out mechanism of mediation and ADR present in Italy and such other EU countries. The Indian model can develop a lot from learning from this already tried out legislations and their considerable success rate, along with helping the courts of law in their litigations and pendency of cases, thereby observing proper disposal of right to access of justice of an individual.
INTRODUCTION Constitution of any country basically gives the details regarding the fundamental or basic or apex organs of government and administration which describes the structure, composition powers, functions and duties and other relevant information. 1 In a similar way, the… Continue Reading →
Introduction In general, there is a clear policy preference for the enforcement of arbitral awards in the United States and this pro-enforcement preference extends to awards made under the United Nations Conference on the International Commercial Arbitration Convention on the… Continue Reading →
INTRODUCTION In general legal terms, ownership of property may be private, collective, or common, and the property may be of objects, land or real estate, or intellectual property. Determining ownership in law involves determining who has certain rights and duties… Continue Reading →
Making Your Case: The Art of Persuading Judges by Antonin Scalia and Bryan A. Garner In their professional lives courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two of the… Continue Reading →
With the progression of technology, we find ourselves interacting with each other in “new worlds”. The Cyber world or Cyberspace, a popular culture from the science fiction that depicted a global technological environment, is far from fiction in today’s reality…. Continue Reading →