Section 11 and Section 14 Arbitration Act, 1996

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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...

A Better Negotiation Approach: ADR

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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...

The Importance of Reasoning in an Arbitral Award: In The Light Of BCCI V. Dec...

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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 In Asset Valuation And Distribution Cases

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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 Vis-a-vis A Substitute to Court in India

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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...

Impact of Recent Reforms In Arbitration and Conciliation Act

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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 t...

Online Dispute Resolution in India

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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....

Presence Of An Arbitration Clause Does Not Oust The Jurisdiction Under Articl...

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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. ...

Alternate Dispute Resolution- A Way to Undelayed Justice

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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 ...

The Future of Online Dispute Resolution in India: Opportunities and Challenges

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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 Pre...