litigation – Bimacc

September 19, 2020
By BIMACC
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A-Z of ADR: Litigation as a Last Resort

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 […]

September 11, 2020
By BIMACC
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A-Z of ADR: Third-Party Funding in Arbitration

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 […]

September 10, 2020
By BIMACC
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A-Z of ADR: Unilateral Option Clauses

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 […]