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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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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