Author Archives: BIMACC

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  • November 18, 2024
  • By BIMACC
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UNDERSTANDING PRE-ARBITRAL PROCEDURES: KEY STEPS & CONSIDERATIONS

UNDERSTANDING PRE-ARBITRAL PROCEDURES: KEY STEPS & CONSIDERATIONS INTRODUCTION: PRE-ARBITRAL CONDITIONS In today’s global landscape, the preference for and adoption of arbitration as an alternative to traditional litigation has flourished significantly across various jurisdictions. This consistent progress underscores arbitration’s appeal, characterized […]

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INSOLVENCY AND ARBITRATION: On the Horns of a Dilemma

INSOLVENCY AND ARBITRATION: On the Horns of a Dilemma Introduction This article aims to briefly encapsulate the position of law in India vis-a-vis the conflict between insolvency law and arbitration law. The author gives an overview of the prevalent law […]

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Arbitration or Arbitrary: Examining Anti-Arbitral Injunctions under Indian Law

Arbitration or Arbitrary: Examining Anti-Arbitral Injunctions under Indian Law In India, the judicial system faces significant challenges with overburdened courts, leading to extensive delays and mounting backlogs. The sheer volume of cases often hampers the timely dispensation of justice, creating […]

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ARBITRABILITY OF OPPRESSION AND MISMANAGEMENT (‘O&M’) CLAIMS

ARBITRABILITY OF OPPRESSION AND MISMANAGEMENT (‘O&M’) CLAIMS 1. Introduction to O&M Provisions and Claims in India Oppression and Mismanagement (O&M) claim provisions were included in the Companies Act (‘CA’) to prevent the trampling of rights of minority shareholders in situations […]

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Scope of the limitation period: Law laid down by Judgements

Scope of the limitation period: Law laid down by Judgements The intent and objective of the Arbitration and Conciliation Act, 1996 is to charter out the timeous commencement of arbitration as soon as the dispute has arisen. Delay defeats justice […]

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Corporate Arbitration: Companies Act, 2013 and Arbitration Clauses

Corporate Arbitration: Companies Act, 2013 and Arbitration Clauses Corporate arbitration is a process of resolving disputes between corporate entities. A dispute can be resolved through arbitration if the parties agree to use it, or if the contracts entered into between […]

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THE IMPORTANCE AND THE NEED TO RAISE AWARENESS REGARDING PRE-LITIGATION MEDIATION IN FAMILY MATTERS

THE IMPORTANCE AND THE NEED TO RAISE AWARENESS REGARDING PRE-LITIGATION MEDIATION IN FAMILY MATTERS Time and again, mediation as an alternate dispute resolution mechanism has proved to be an effective tool in the justice delivery system. It is the way […]

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A COMPARATIVE ANALYSIS BETWEEN AD-HOC ARBITRATION AND INSTITUTIONAL ARBITRATION IN INDIA

A COMPARATIVE ANALYSIS BETWEEN AD-HOC ARBITRATION AND INSTITUTIONAL ARBITRATION IN INDIA 1. Introduction Arbitration is defined as a procedure in which a dispute is submitted by agreement of the parties to arbitrators who in turn make a decision on the […]

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  • December 31, 2021
  • By BIMACC
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DRAFT MEDIATION BILL – COMMENTS AND SUGGESTIONS

MEDIATION  BILL   –  COMMENTS AND SUGGESTIONS A COLLECTIVE REPRESENTATION FROM THE MEDIATORS OF: BANGALORE INTERNATIONAL MEDIATION, ARBITRATION AND CONCILIATION CENTRE (BIMACC), BANGALORE MEDIATION CENTRE (BMC) KARNATAKA STATE MEDIATORS AND MEDIATORS OF BANGALORE CHAMBER OF INDUSTRY AND COMMERCE (BCIC)

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