Centre for Alternative Dispute Resolution

Mediation

Cross-Border Mediation in India: A Look Ahead

Mediation

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

Mediation

Year One of Mediation Act: What India Missed

March 14, 2026

THE ARBITRATION TIME TRAP – WHY SECTION 23(4) DEMANDS URGENT REFORM

The insertion of Section 23(4) into the Arbitration and Conciliation Act, 1996, was intended to streamline proceedings but has in reality created a procedural paradox. Courts are divided on whether the six-month timeline includes rejoinders and surrejoinders, leading inter alia to conflicting judgments and uncertainty. While some High Courts interpret the provision as mandatory, others treat it as directory, highlighting a lack of statutory clarity. Despite expert committee recommendations, the Draft Arbitration Bill, 2024, remains silent. This note argues for urgent legislative reform to define “completion of pleadings,” make timelines binding, and introduce penalties for non-compliance, lest arbitration devolves into litigation under another name.

Arbitration 0 5 min read
January 22, 2026

When Silence is Just as Loud: The Perils of Missing the Notice of Dissatisfaction

This article examines recent Indian jurisprudence regarding the mandatory nature of Nature of Dissatisfaction (“NoD”) timelines under the International Federation of Consulting Engineers (“FIDIC Contracts”) and similar contracts and reflects on how this has evolved into a threshold issue that must be addressed before any arbitral tribunal can be engaged. The authors will also discuss the possibility of invocation of the Atlantic Shipping clause as a defence in such Indian cases. The piece will end establishing that jurisprudence on the mandatory nature of NoD is well-settled so far in India. The authors will refer to the FIDIC Yellow Book, 1999 edition, primarily because most disputes currently in the Indian legal system still follow the 1999 edition rather than the 2017 edition.

Uncategorized 0 7 min read
January 12, 2026

Public Policy, Arbitrator Bias and Beyond: Impediments to Award Enforcement in India

This article emphasises upon public policy and arbitrator bias, exploring the emerging impediments to the enforcement of arbitral awards in India. Although recent Supreme Court decisions have curbed procedural obstacles like stamp duty objections, indicating a pro-enforcement stance, bias and varying interpretations of public policy still reflect uncertainty. This paper examines practical obstacles such as court delays, tracks legislative and judicial developments, and emphasises the need for balanced scrutiny that protects justice without compromising party autonomy. Ultimately, it argues for a limited use of procedural grounds in order to promote an arbitration-friendly jurisprudence in India.

Arbitration 0 12 min read
January 10, 2026

Re-examining Balasamy: Why Courts Should Retain Discretion to Modify Pendente Lite Interest

This article critically examines the Supreme Court’s Gayatri Balasamy judgment, arguing it created an artificial and unjustified distinction between pendente lite interest and post-award interest by disallowing judicial modification of pendente lite interest in arbitral awards. It contends this restriction lacks a statutory basis under the Arbitration and Conciliation Act, 1996, and contradicts a history of judicial precedents where courts have intervened to rectify exorbitant interest rates. The analysis highlights that retaining the court’s power to modify pendente lite interest is essential for upholding the principle of compensatory justice and ensuring awards remain equitable and fair.

Case Analysis 0 6 min read
January 10, 2026

E-Arbitration and Evidentiary Rigor: Judicial Scrutiny of Digital Consent Formation post Belvedere

In an era where contractual agreements are increasingly executed through digital means, Belvedere v. OCL represents seminal development in Indian arbitration jurisprudence, establishing that correspondence conducted via WhatsApp and email may validly constitute a binding arbitration agreement. This note examines the Delhi High Court’s expansive interpretation of Section 7(4)(b) of the Arbitration and Conciliation Act and critiques its silence on evidentiary rigour under Section 65B of the Evidence Act. It further interrogates the denial of interim relief under Section 9 and the Court’s fidelity to jurisdictional discipline. This piece probes how digital informality collides with legal formality in arbitration’s evolving jurisprudence.

Case Analysis 0 7 min read
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