Tag Arbitration
HISTORY AND INTRODUCTION ADR which stands for Alternative Dispute Resolution was first originated in the USA as a drive to find an alternative to the traditional legal system. In developing countries like India where most people believe in resolving the… Continue Reading →
Introduction Recently, the influence of arbitration has been so massive that it has almost taken over the popular intervention of the judiciary. The pandemic has thrown light on alternative mechanisms of dispute resolution. Yet arbitration is still an alien concept… Continue Reading →
The expression “access to justice” carries a lot of discussion around it and rightly so, as it is a fundamental aspect of a person’s life and his dealings in society. It carries with it the idea that every person must… Continue Reading →
M/s. Centrotrade Minerals And Metals Inc. vs Hindustan Copper Ltd[1] … Continue Reading →
Multilateral talks started in late 2017 under the auspices of the Working Group III of the United Nations Commission on International Trade Law (UNCITRAL). The talks have been split into three phases: (1) Identifying the concerns regarding the ISDS, (2)… Continue Reading →
Alternative Dispute Resolution (ADR) refers to the means of settling disputes without going through the adversarial mode of legal procedures. The ADR mechanism enables settlement of disputes in many formal and informal ways but ADR emphasises mainly on the settlement… Continue Reading →
What is arbitration? Arbitration means settlement of a dispute between parties to a contract by a neutral third party i.e. without resorting to court action. During arbitration, third party listens to both sides of a legal disagreement. With the documents… Continue Reading →
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.
With growing trade and the inventive process taking place at a global scale demand for hastier resolution of disputes is required in the field of IPR. Issues ranging from ownership to jurisdiction arise frequently. The use of ADR for speedier… Continue Reading →
Investment Arbitration in India is undergoing a sea of change as the bilateral treaties entered into have broad ambiguous provisions which enable the foreign national to bend and mould the provisions according to their whims and fancy. If the government… Continue Reading →
The Government of India felt that its economic reforms might remain incomplete if corresponding changes were not brought in laws relating to settlement of disputes, especially through arbitration and conciliation. Thus need to reform arbitration law become necessary. The United… Continue Reading →
In countries like US, UK, Canada, Australia and New Zealand, all have opted for rigorous case management of civil litigation and that all consider that ADR has a role to play. It is true that the US has gone much further than others, while Australia and Canada are following fast.
The rules of Indian Council of Arbitration will apply where the parties decide that – Either a dispute has arisen, or A dispute is likely to arise and such a dispute, either contractual or not, will be settled under the… Continue Reading →
People no longer recognize themselves as belonging to one particular country nowadays as the notions of traditional nationalism is dwindling day by day. ‘Global Citizens’, ‘Global Communities’…these are some of the terms people like to attribute themselves to. With the… Continue Reading →
India has long been seen as the dark sheep in the field of Arbitration, both international and domestic. Even with the coming of the Arbitration and Conciliation Act, 1996, no significant improvement was seen at the dismal rate at which… Continue Reading →
No one can deny the increasing importance of international arbitration in today’s connected business world. Because arbitration awards are much easier to enforce abroad than domestic court judgments are, and due to the perceived neutrality of international arbitration compared to… Continue Reading →
Investment Arbitration in India is undergoing a sea of change as the bilateral treaties entered into have broad ambiguous provisions which enable the foreign national to bend and mould the provisions according to their whims and fancy. If the government… Continue Reading →
One of the main reasons why arbitration is preferred over litigation is because of the confidentiality of proceedings and the award. It maintains the autonomy of the parties and prevents them from unwanted publicity. However, many international rules and national… Continue Reading →
The London Court of International Arbitration (LCIA) is one of the world’s leading international institutions for commercial dispute resolution. The LCIA provides efficient, flexible and impartial administration of arbitration and other ADR proceedings, regardless of location, and under any system… Continue Reading →
Arbitration has always been promoted as one of the alternative mechanisms of dispute resolution providing parties with many advantages over litigation. [amazon_link asins=’9041161112′ template=’ProductAd’ store=’Jharna-21′ marketplace=’IN’ link_id=’ce6d442a-16bc-11e8-bab8-09a6840c8ccd’]At the same time, it is now commonly accepted that lower costs are no… Continue Reading →
Alternate Dispute Resolution (ADR) is a term that is used for describing a wide array of practices, the purpose of which is to manage recent issues of legal importance at a quicker and economic way than a time-consuming and expensive… Continue Reading →
The existence of an organised society presupposes the existence of law. Human being is a state of nature that was governed by the law of nature based on reason. All human problems and disputes were then determined by moral laws…. Continue Reading →
Arbitration has proven to be cost and time effective in settling legal disputes. It complies to all the principles of justice and also releases a humongous workload from the “over-burdened” Justice administration system of India. The below discussed are the… Continue Reading →
Bilateral Investment Treaties (BITs) provide for the promotion and protection of investments by one country’s investors in the other. Such a promotion of investment is obviously reciprocal in nature. Although these agreements take place between different governments, the ultimate beneficiaries… Continue Reading →
Alternate Dispute Resolution (ADR) is a term that is used for describing a wide array of practices, the purpose of which is to manage recent issues of legal importance at a quicker and economic way than a time-consuming and expensive… Continue Reading →
Arbitration is a form of ‘alternative dispute resolution’ that has been widely promoted by all the three organs of the State for speedy and efficient delivery of justice and yet, only a few know of its advantage over the traditional… Continue Reading →
In today’s modern world, most of the population knows the problems which face our civil justice system are not unique to India but there is little knowledge about what is happening in the rest of the world. In the United… Continue Reading →
Alternative dispute resolution (ADR; known in some countries, such as India,as external dispute resolution) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective… Continue Reading →
In India, the term ADR stands for “Appropriate Dispute Resolution” and it shifts participant awareness towards a form of forward – looking justice and conflict management as a preferable choice over litigation. Is this truly tenable? Is it truly the… Continue Reading →
Many court cases (especially civil cases) are handled out of court with both parties coming to an agreement and settling on a sum to stop the litigation. Mediation puts you in control of the results. LegalYou can help you… Continue Reading →