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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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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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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Colloquia on ADR in the areas of Corporate, Insolvency and Bankruptcy Disputes The Colloquia on ADR in the areas of Corporate, Insolvency and Bankruptcy Disputes was a tremendous success. It was attended by lawyers, chartered accountants, company secretaries, bankers, industrialists […]
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Justice for All – Myth or Reality Justice delayed is justice denied is a common maxim. However it is important to remember that justice in haste is a waste. Are the courts driven by statistics? Are the courts focused more […]
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