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Mediation in Commercial Disputes
The Commercial Courts Act, 2015 was enacted by the Parliament in order to facilitate ease of doing business and encourage foreign capital and investment in the country...
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Mediation in Family Matterss
Interpersonal and professional relationships oriented towards the long term are prone to conflict and rupture...
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Experts as Arbitrators
In a fast-paced world where disputes between private parties are gaining in complexity and value, the need for experts as arbitrators has increased greatly...
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ADR PROCESSES WITHIN THE MICRO, SMALL AND MEDIUM ENTERPRISES DEVELOPMENT ACT, 2006 Part II
It was held in this judgment 1 that “there is no provision in the Act, which negates or renders the arbitration agreement entered between the parties ineffective”...
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ADR PROCESSES WITHIN THE MICRO, SMALL AND MEDIUM ENTERPRISES DEVELOPMENT ACT, 2006 Part I
The Micro, Small & Medium Enterprises (MSMEs) have a pivotal role to play in the creation of employment opportunities within developing areas of the country...
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ROLE OF MEDIATION IN SME DISPUTES
Small and Medium Sized Enterprises (SME) are categorized as businesses whose investment, revenue and employee base are restricted to predetermined limits...
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What Kind of Training is Required to Build a Country of Arbitrators?
Arbitration in India has evolved over the preceding centuries to become one of the most well- regarded modes of dispute resolution, especially in the commercial world...
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What Kind of Training is Required to Build a Country of Mediators?
Mediation is gaining ground as a mainstream dispute resolution process for settling commercial and financial disputes across the world...
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Breaking Impasses in Settlement Conferences: Five Techniques for Resolution
An impasse signifies a stalemate or deadlock in discussions when parties are unwilling to budge from their respective positions for stated reasons...
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SUBJECT MATTER EXPERTS IN ARBITRATIONS
The increase in the volume of global trade has led to a corresponding rise in commercial and financial disputes being referred to various mechanisms of dispute resolution...
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LIMITATION IN ARBITRATION Part II
This article will further discuss the shortcomings of the application of limitation in arbitration proceedings through the following entry points...
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NON-ARBITRABLE CASES
The case is foundational to the development of the parameters of non-arbitrability of disputes and the Supreme Court laid down general rules in this regard while adjudicating on whether an action for the enforcement of a mortgage is arbitrable...
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Role of Arbitration in Criminal Cases
However, this position on fraud as a criminal offence and the arbitrability of such disputes saw a shift in the emerging jurisprudence of the later years, thus underlining the role of arbitration in criminal cases...
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Mediation Act, 2023
In the labyrinth of legal battles, where adversarial swords clash, there exists a quieter path—a path illuminated by dialogue, empathy, and mutual understanding.
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Role of Arbitration in Criminal Cases
Arbitral tribunals generally possess the jurisdiction to adjudicate upon civil and commercial disputes subject to the dispute being covered under the arbitration...
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Enforcement of Foreign Arbitral Awards
Prior to the enactment of The Arbitration and Conciliation Act, 1996 which was modelled on the UNCITRAL Model Law, the Arbitration Act, 1940 was enacted to consolidate and amend the law relating to arbitration...
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LIMITATION IN ARBITRATION
The Limitation Act, 1963 is a legislation that bars legal remedy to those who have not exercised their right to act on a particular issue within the bounds...
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TIME & COST BENEFITS OF ARBITRATION & MEDIATION
Although the traditional court system is associated primarily with the dispensation of justice, methods of Alternative Dispute Resolution...
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NON-ARBITRABLE CASES
Alternative Dispute Resolution as a means of settling disputes out of court is gaining precedence across the world. Most disputes that arise may be resolved...
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Perkins Eastman Judgement: Impact on the Appointment of a Sole Arbitrator
The judgement examined whether a case was made out for the exercise of power by the Court to make an....
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Enforcement of Foreign Arbitral Awards
Effective and speedy dispute resolution mechanisms for domestic and global investors are essential in order to facilitate....
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Culture of mediation: why has it not picked up in India?
Alternate Dispute Resolution (ADR) refers to modes by which disputes may be resolved without taking recourse to the court system...
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Tackling pending cases in Indian Courts
Every year, a minimum of five crore cases are filed across various courts of India. Even as some of these cases stay pending...
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Advantages of ODR
The world now bears witness to an unprecedented situation, with the pandemic and its conditions rendering aspects far from a sense of normal...
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Section 11 & 29A: Impeding or expediting the Arbitration process?
Through the present health catastrophe that the world knows as COVID-19, arbitration has been shown to adapt better...
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Evaluating ADR for resolving women-related disputes (Part 3 of 3)
Arbitration, mediation, or consultation exemplify Alternative Conflict Resolution (ADR)...
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ADR and its applications to women-related disputes (Part 2 of 3)
Violence against women is a matter of grave concern. The immediate and long-term physical, sexual, and mental consequences...
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Resolving women-related disputes (Part 1 of 3)
Women are victims of different social evils. They are subjected to problems at their homes, at the workplace, in society, etc. One of the significant...
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The scope and relevance of ODR
These are the wise words of the man who is credited with inventing the world wide web, and a rather telling observation by him. We can hardly imagine a world...
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Understanding Arbitration and The Arbitration Act
Dispute Resolution uses the mechanisms of Negotiation and Mediation in order to let parties arrive at a consensual resolution...
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Online Dispute Resolution: Opportunities and challenges
Embracing an idea means embracing its methods. Embracing ODR needs to be done rapidly but not at the cost of sacrificing the principles...
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The basics of Online Dispute Resolution
Before and through the pandemic, the world changed radically. One would observe that there is a massive concentration of wealth...
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