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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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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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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The Need for alternate dispute resolution (ADR) as a subject in law schools ADR in legal education is an essential area of focus to prepare law students for the increasing use of ADR in justice systems around the globe. It […]
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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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