Jurisdiction in arbitration can be classified under two heads, the arbitrability of the dispute i.e. whether it is a matter suitable to be referred to arbitration and the jurisdiction of the arbitral tribunal […]
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The principle of kompetenz-kompetenz denotes the ability of arbitral tribunals to decide on their own jurisdiction to proceed with a case. Essentially, this means the tribunal decides whether it can hear a case or not, without the intervention of a court. This principle is important in arbitration law as it affects the functioning of tribunals, and how long a case can take before the tribunal is able to decide on the matter. Recognising this principle by law gives the advantage of […]
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ADR stands for Alternative Dispute Resolution and includes dispute resolution procedures like Mediation, Conciliation, Arbitration, etc. It includes processes and techniques where the parties at dispute come together and reach a settlement that is a win-win situation for the parties. This method of dispute resolution is not new but has been followed for a very long time. In the past few decades, companies have adopted ADR methods in consumer and commercial disputes. Before proceeding as to why ADR is better than Litigation and why Litigation should be considered as a last resort, let us […]
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Mediation is an alternative dispute resolution (ADR) method which involves a neutral and independent third party facilitating negotiation between disputing parties in order to find a mutually beneficial solution. It is significantly different from adversarial processes of dispute resolution and instead focuses on being non-coercive and consensual. The disputing parties themselves are actively involved in the process to the maximum extent and work together, with the mediator’s assistance to […]
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The New York Convention or the Convention on the Recognition and Enforcement of Arbitral Awards (1958) was signed and subsequently ratified by India on June 10, 1958, and July 13, 1960, respectively. Despite being one of the earliest parties to the Convention, the country has held the perception of being a ‘non-amicable’ arbitration jurisdiction for several decades. This is primarily owing to […]
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Mediation is the process where two disputing parties approach a neutral third party to facilitate their discussion and in doing so, resolve the conflict. This nuanced process aims to resolve the conflict efficiently and without having to resort to litigation. Therefore the modalities and the conduct of the process significantly differ from the usual courtroom setting that the parties might be used to […]
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Pre-Institutional Mediation, also known as Pre-Trial Mediation, is an alternate dispute resolution (ADR) process where the parties in a feud try to settle the issues through negotiations and discussions in the presence of a mediator, before going to trial. In India, parliament has made pre-institution mediation a mandatory process, by introducing an amendment to the Commercial Courts, Commercial Division and Commercial Division of High Courts Act of 2015 […]
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When dispute resolution professionals are appointed, they are expected to resolve the dispute neutrally and impartially, conforming to all the procedures irrespective of the dispute resolution mechanism. The involvement of the dispute resolution professional may vary heavily in different dispute resolution mechanisms. An arbitrator is […]
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Alternate Dispute Resolution (ADR) denotes a wide range of dispute resolution processes that act as a means for the disagreeing parties to reach an agreement short of litigation. ADR can be further classified into various types, two of which are Mediation and Arbitration. The procedure followed in both arbitration and mediation is quite different. To understand the consequences when a party refuses to participate […]
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A settlement is a form of an agreement which is reached at between two feuding parties during the process of mediation or conciliation. These agreements once signed by both the parties are binding. Usually, the parties make an attempt to arrive at a settlement through these processes as it saves court fees and other costs and time required for litigation. Neither party has […]
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