With arbitration being increasingly preferred to resolve commercial disputes, third-party funding [‘TPF’] has become a widely debated concept as a possible remedy for the excessive costs attached to the arbitral process. The costs in an arbitral process generally include fees of the arbitrators, expert fees, fees of the counsel, institutional fees, security costs, and other legal costs. However, unlike litigation […]
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A unilateral option clause (UOC) is a dispute resolution clause which gives only one party the discretion to elect a specific dispute resolution method – most often, between arbitration and litigation. Some UOCs also allow one party to pursue litigation in multiple jurisdictions, while restraining […]
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Today, arbitration has gained a lot of importance as a cheap and fast alternative to settle complicated commercial disputes. In so many matters, however, a lot of time is lost to decide as to where the actual arbitration proceedings would take place. Even though most of the time, stipulations such as the seat and venue […]
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It is a settled principle of law that Arbitrators and Arbitration tribunals are not bound by the rules of the Code of Civil Procedure, 1908 and the Indian Evidence Act, 1872. But the courts have time and again clarified that this statutory exemption cannot exempt them from the duty to conform with the principles of natural justice. Recently the Bombay High Court […]
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A xyresic advocate is one who has a sharp mind. Dispute resolutions often call for situations that require one to quickly come up with solutions to problems that arise. An advocate who can think clearly […]
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The benefits of Alternative Dispute Resolution (ADR) for parties makes it deserving of the title of Appropriate Dispute Resolution. Chief Justice of India S.A. Bobde has recently called for legislation mandating pre-litigation mediation[…]
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In the A to Zs of Alternative methods of Dispute Resolution, the Bs and Zs are often referred to in every negotiation that takes place – The BATNA and the ZOPA. You may be averse to terminologies (after all, negotiations are supposed to be simple, right?), but knowing[…]
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Workplace conflict is inevitable, it can either propel or disrupt the momentum of a department or the entire organization. Sometimes things get settled by themselves, many other times when tempers flare and resentment festers, HR needs to intervene […]
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Internet arbitration is a new case trialing form that uses Internet technology to assist the whole arbitration process. From previous arbitration practices, we can see that Internet arbitration requires […]
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Section 26 of the Arbitration and Conciliation Act, 1996, (“The Act”) provides for the appointment of domain knowledge experts by the arbitration tribunal; this is well appreciated as it meets the specific need of expertise support where certain clarifications […]
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