Arif Azim v/s Aptech Ltd: A Fresh Approach to Resolving Arbitration Delays

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 &...

Arbitration In Labour Law: Arbitrability Of Industrial Disputes

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...

Crafting Your Contract's Guardian Angel: The Definitive Guide To Bulletproof ...

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...

The Path To Resolution: Unpacking The Key Differences Between Mediation And C...

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...

Patent Illegality In International Commercial Arbitration: Analysis Of The 20...

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 Summary: Interplay of the Arbitration and Conciliation Act and the India...

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 ...

Judicial Intervention in Arbitration: Examining the Scope of Section 34 and 37

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 ...

Solid Contracts: The Foundation for Successful Arbitration

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...

Domestic v/s International Arbitration under the Arbitration and Conciliation...

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, ...

The Essential Stroke: How Signatures Anchor Contracts in Reality

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 ...

Unpacking Cox & Kings II (2024): Implications for Group Company Arbitration a...

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 Awards and Interim Relief: A Comprehensive Overview under the Arb...

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...

Arbitral Awards Explained: Key Elements, Structure, and Best Practices

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 Time Constraints In Indian Arbitration: An Examination Of Section 29A Of ...

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...

Incentivizing Efficiency and Addressing Delays: Fees and Costs in Arbitration...

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 Arbitrator's Lien and the Validity of Unstamped Awards Under Indian Arbit...

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 Veil of Secrecy and Its Lifting: Confidentiality of Arbitral Awards under...

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...

Beyond the Gavel: Charting the Expansive Potential of Alternative Dispute Res...

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...

Beyond the Courtroom: The Indispensable Rise of ADR in an Evolving Legal Land...

While traditional litigation remains a cornerstone of justice, its inherent limitations increasingly necessitate a robust embrace of Alternative Dispute Resolution (ADR). This article dissects ...

Judicial Mandate: Redefining the Chief Justice's Role in Arbitrator Appointme...

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...

The Cost of Protraction: Imposing Levies for Delays in Arbitration Under the ...

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...

The Anatomy of a Binding Decision: Essential Components of a Valid Final Arbi...

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...

Correction and Additional Awards Post Arbitration Termination Under the Arbit...

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...

Decoding Arbitral Awards: A Comprehensive Analysis Under the Arbitration and ...

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...

Appellate Review Under Section 37 of the Arbitration and Conciliation Act, 19...

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...

The Legal Framework And Scope Of Interim Measures Under Section 9 Of The Arbi...

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...

Provisions Vesting An Autonomy On Arbitral Tribunal Under Arbitration & Conci...

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...

How Global Trends are Shaping Alternative Dispute Resolution (ADR) in India

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...

Interpreting Section 7(5) Of The Arbitration And Conciliation Act, 1996: A Le...

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...

Antrix v. Devas: Supreme Court's Ruling on the Scope of Challenge to Section ...

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...

International Commercial Arbitration In India: A Landscape Of Legal Evolution...

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 Konkan Railways Case: Illuminating the Foundations of India's Arbitration...

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...

Mediation As A Good Judicial System And A Need Of The Hour: Challenges And Im...

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...

Settlement Agreement under the Arbitration and Conciliation Act, 1996: Acquis...

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 Vodafone Saga: A Landmark Study In International Investment Arbitration

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...

Challenges in the Implementation of Arbitral Awards in India

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...

Adapting ADR Practices for the Digital Era

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...

Engineering Clauses in Construction Arbitration: A Guide to Resolving Technic...

The construction industry is inherently dispute-prone. Complex projects, involving intricate designs, diverse stakeholders, tight schedules, and unpredictable site conditions, often give rise t...

Challenging and Overturning Arbitral Awards

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...

A Comprehensive Overview: Conciliation within the Framework of the Arbitratio...

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...

AI In Arbitration: Balancing Progress And Peril

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...

Fortifying Mediation: Judicial Mandates and the Sanctity of Confidentiality

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...

Deconstructing Mediated Settlement Agreements: A Legal Analysis Through The L...

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. ...

The Core Principles of Mediation: A Comprehensive Guide

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...

India As A Global Arbitration Hub: Challenges And The Road Ahead

"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...

Features of Arbitration: A Comprehensive Analysis

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 In India: A Journey Through Time, Law, And Modern Obstacles

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 Evolution of Online Arbitration: M/s Shakti Bhog Foods Limited v. Kola Sh...

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...

Institutional v/s Ad Hoc Arbitration: A Comprehensive Comparison Of Procedure...

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 ...

Fast Track Arbitration in India: A Swift Route to Dispute Resolution

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...

Choice of Law in International Arbitration: The Rules That Shape Global Disputes

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...

Third-Party Funding and Arbitration: The Delhi High Court's Ruling in Tomorro...

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: A Comprehensive Gui...

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...

The Significance of the Limitation Act, 1963, in Indian Arbitration Proceedings

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...

Current State Of Sports Law: A Global And Indian Perspective

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 ...

Tech-Driven Transformation in Alternative Dispute Resolution (ADR)

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...

Deadlock in WTO Dispute Settlement Reform

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...

The Erosion of Community Mediation: A Growing Threat to Justice

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...

A Holistic Approach to Dispute Resolution: The Emergence of Hybrid Models

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...

Ethical And Regulatory Aspects of Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) has fundamentally changed how legal conflicts are managed, presenting a streamlined and economical alternative to conventional litigation. ADR methods, such...

Amazon v/s Future Retail: Validity of Enforcing Foreign Emergency Arbitration...

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...

Breaking Down Shri Lal Mahal v/s Progetto Grano Spa: What the Supreme Court R...

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...

Tata Sons Pvt v/s Siva Industries: Legal Insights on Arbitral Award Deadlines...

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. ...

Alternative Dispute Resolution in International Relations: Role and Impact

In an increasingly interconnected world, the complexities of international relations, commerce, and diplomacy require efficient and adaptable mechanisms for dispute resolution. Alternative Disp...

The Shifting Sands of Dispute Resolution: How Geopolitics Impacts ADR

Alternative Dispute Resolution (ADR) methods, encompassing arbitration, mediation, and conciliation, have long been crucial in resolving disputes outside traditional court systems, be they comm...

The Evolution of Arbitration Clauses: Introducing Arbitration Clause 2.0

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...

The Growing Role of Private Arbitration in Family Law Disputes

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: A Viable Alternative to Arbitration?

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...

PASL Wind Solutions v/s GE Power Conversion India: SC Clarifies International...

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...

Understanding Arbitration Clauses and Agreements: Key Legal Considerations

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...

Supreme Court Strikes Down Unlawful Arrest In Vihaan Kumar V. State Of Haryan...

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...

Appointment of Arbitrators: Analysis of Section 11 and Comparative Jurisprudence

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): Strengthening Institutional Arbitrati...

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...

Challenges in International Investment Dispute Resolution: A Comprehensive An...

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...

Role of Alternative Dispute Resolution in Bank Loan Recovery

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 ...

The Valve Corporation Case: A Turning Point in Corporate Dispute Resolution a...

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...

Mandatory ADR And Churchill v/s Merthyr Tydfil: Shaping Dispute Resolution In...

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...

ADR v/s ODR: A Comprehensive Comparison in the Evolving Landscape of Dispute ...

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 Under International Arbitration Law

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...

Bilateral Investment Treaties (BITs) and Investment Arbitration: Key Concepts...

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 ...

Online Dispute Resolution in Japan: A Comprehensive Overview

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...

Enforcement of Foreign Arbitral Awards in India

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: A Comprehensive Overview

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: Reshaping Alternative Dispute Resolution

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): A Comprehensive Analysis of Mechanisms, Bene...

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...

Alternative Dispute Resolution in China: Current Trends And Insights

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...

Arbitration And Maritime Laws: Scope And Applicability

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...

Legal Foundation for Online Dispute Resolution in Islam: A Comprehensive Expl...

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 in International Arbitration

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...

Bridging Conflicts, Building Peace: The Vital Role Of Ngos In Alternative Dis...

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...

Arbitration Tribunal: A Comparative Analysis in the Indian and Global Context

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 4.0: Shaping the Future of Dispute Resolution

Arbitration is experiencing a revolutionary shift, transitioning into the era of Arbitration 4.0. This evolution incorporates advanced technologies like artificial intelligence (AI), blockchain...

Mediation under IBC

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 Effectiveness Of Online Dispute Resolution In Commercial Arbitration

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...

Confidentiality v/s Transparency In Commercial Arbitration: A Myth Or Reality

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...

Administrative Tribunals In India: An In-Depth Analysis As An ADR Mechanism

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...

Present State of Online Dispute Resolution in the United Kingdom

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...

Legal Framework for Online Dispute Resolution Under Hindu Law

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...

Role And Functioning Of Motor Accidents Claims Tribunal As An ADR Mechanism

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...

Online Dispute Resolution in the U.S.: Analysis, Challenges, and Future Prosp...

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...

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