February 18, 2025

Curated Arbitrator Panels: Fairness or a Hindrance to Autonomy?

By Hunar [Author is a student at Rajiv Gandhi National University of Law, Punjab] A five-judge bench of the Supreme Court delivered its judgment in Central Organisation for Railway Electrification (CORE) v. M/s ECI-SPIC-SMO-MCML (JV), resolving the longstanding debate on unilateral appointments of sole arbitrators in public-private contracts. The ruling marks a pivotal step toward promoting procedural impartiality and inclusivity […]

Arbitration 0 8 min read
January 15, 2025

THE EMPLOYABILITY OF BLOCKCHAIN IN INDIAN ADR POST DPDP ACT

By Pragya Richa Tiwary [Authors is a student at Dharmashastra National Law University, Jabalpur] Abstract The legal domain is advancing and adapting itself to the contemporary tech driven world. In alignment with such evolutions, Alternate Dispute Resolution has advanced to being Online Dispute Resolution. To enhance efficiency and reduce pendency, employing blockchain technology in out of court settlements is suggested. […]

Uncategorized 0 8 min read
January 15, 2025

THIRD-PARTY FUNDING IN ARBITRATION: IS INDIA KEEPING UP WITH THE TIMES?

By Rishika Sharma and Shambhavi [Authors are final year students at Chanakya National Law University] ABSTRACT With India’s growth as a global commercial hub, inviting businesses and corporations, it is natural that there are expectations for smooth arbitration proceedings. Third-party funding emerges as a win-win situation, where claimants can access financial support to pursue their claims, and funders can find […]

Arbitration 0 8 min read
January 15, 2025

MANDATORY ARBITRATION CLAUSES IN EMPLOYMENT CONTRACTS- A THREAT TO ‘NON-WORKMEN’ EMPLOYEES?

By Soumyajit Haldar [The author is a fourth-year student at the West Bengal National University of Juridical Sciences.] Introduction The Industrial Disputes Act (hereinafter referred to as the ‘ID Act’) is a beneficial enactment introduced primarily for the welfare and protection of employees. In order to address the presence of significant imbalances in the bargaining power that often exists between […]

Arbitration 0 7 min read
October 23, 2024

Cross-Border Mediation in India: A Look Ahead

[By Aarushi Lunia] The author is a second-year B.A. LL.B. (Hons.) student at West Bengal National University of Juridical Sciences (NUJS), Kolkata.      Introduction “…mediation is no longer an option; it is a necessity…” U.N. Secretary-General António Guterres (2018) Maintaining global peace is essential for resolving high-tension situations through harmony, and collaboration, the values shared by mediation. Mediation ensures […]

Mediation 0 7 min read
October 23, 2024

Consumer Protection Act’s Mediation (Sections 37A & 37B): Unveiling Limits & Learning Globally

[By Abeer Sharma] The author is a a second-year law student at Rajiv Gandhi National University of Law, Punjab.   Introduction The Consumer Protection Act of 2019, surfaced through minor amendments with the passing of the Mediation Act, 2023. Section 65, read in coherence with the Tenth Schedule of the Mediation Act, proposed various changes related to mediation, with the […]

Mediation 0 6 min read
October 22, 2024

Year One of Mediation Act: What India Missed

[By Inika Dular]The author is 2nd year B.A. LL. B.(Hons.) student at the Rajiv Gandhi National University of Law, Punjab Introduction Mediation is well-established and historically practised in India since its three-tiered Panchayati-Raj system of managing rural development. According to the recommendation of the Justice Malimath Committee and the 129th Law Commission of India, mediation was formally established in India […]

Mediation 0 7 min read
June 25, 2024

Revaluation Of Arbitration Terms In Unstamped Agreements

The article explores the re-evaluation of arbitration terms in unstamped agreements, emphasizing the tension between the administration of justice and procedural maneuvers employed to stall legal proceedings. It outlines the historical context, legislative amendments, and judicial interpretations surrounding arbitration agreements, notably discussing the recent Supreme Court ruling in N.N. Global-2. It highlights the divergent opinions within the bench and proposes strategies to streamline arbitrator appointments and harmonize laws to favour arbitration. Ultimately, it argues for legislative action to eliminate procedural obstacles and strengthen India’s position as a preferred destination for commercial arbitration.

Arbitration 0 8 min read
January 23, 2023

Mediation – Solve your Commercial Disputes

Mediation – Solve your Commercial Disputes Name of the Author – Ashhab Khan Institute – NLIU, Bhopal Introduction. The growth in the popularity of alternate dispute resolution (“ADR”) throughout the world is evident to all. ADR has found its place in India as well which is visible firstly by the insertion of Section 89[i] into the Code of Civil Procedure, 1908 […]

Mediation 0 7 min read
August 16, 2022

Roles and Duties of a Mediator

    Nowadays, Alternate Dispute Resolution is becoming more and more popular among the masses due to its easy procedures and effective results. There and many types of alternate dispute resolutions, and mediation is one of them. To define mediation, it is a negotiation process wherein disputes are amicably resolved by the disputing parties through a neutral third party’s assistance. […]

Mediation 0 6 min read