[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
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.
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
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.
Alternative Dispute Resolution, as the name suggests, is an alternative way to get the disputes solved, that is when litigation can’t work because of its many infirmities, Alternative Dispute Resolution is chosen by the parties in a dispute.
Mediation is a form of Alternative Dispute Resolution Mechanism in which two parties to a dispute meet and solve their issues in the presence of a third neutral party, generally called mediator. The role of the third neutral party is mostly to facilitate the process of mediation by helping the parties understand each other’s viewpoints and the complexities of the matter.
The Singapore Convention formally known as the United Nation Convention on International Settlement Agreements Resulting from Mediation entered into force on 12 September 2020 with 53 signatories and 6 ratifications. It facilitates the enforcement of settlement agreements arrived through mediation in a manner that is similar to the Convention on Recognition and Enforcement of Foreign Arbitral Award,1958. Currently, negotiated
Authors – Naman Gowda & Ibban Javed Year – 3rd Year Institute – National Law Institute University, Bhopal Introduction Mediation is a form of Alternative Dispute Resolution (ADR) outside the confines of courts wherein a neutral third party assists the parties to the dispute in arriving at a mutually amicable solution. ADR as a whole is gaining more traction nowadays
Global v. Indo Unique: Extrapolating Arbitration Clause from Unstamped Substantive Contract Date: 06/02/2021 Authors: Samyak Jain, Shalini Mishra Institute of Authors: B.A. LLB (Hons.)Institute of Law, Nirma University, Allahabad Year: 4th A three judge bench of the Supreme Court on 11 January 2021 pronounced the judgment in the case of NN Global Mercantile Pvt. Ltd v. Indo Unique Flame Ltd.
Rights and Duties of the Parties in the Mediation Process The very essence of mediation as a dispute resolution process is that it puts the needs and interests of the parties above anything else. It gives a chance to the parties to determine what kind of solution they want while the mediator only facilitates the process. While the mediation process