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
Mediation of Consumer Disputes Date: 20/10/2020 Author: Ibban Javed Institute of Author: NLIU, Bhopal Year: 3rd Introduction Litigation is often a resource-intensive endeavor that involves the investment of large amounts of money, time, and other resources that consumers have limited access to. Most consumer disputes that lead to litigation are tilted in favor of the relatively dominant producers by default,
Conciliation as a Dispute Resolution Mechanism: Merits & Demerits Date: 10/11/2020 Author: Ashhab Khan Institute of Author: NLIU Bhopal Year: 2nd Introduction Conciliation is one of the alternative dispute resolution (hereinafter “ADR”) methods, wherein the parties go out-of-court to seek remedy. The Halsbury’s Laws of England defines conciliation as a process of persuading the parties to reach an agreement. It
Principles and Applications of Conciliation Date: 05/12/2020 Author: Shadab Mohammad Shah Institute of Author: NLIU, Bhopal Year: 3rd Conciliation is a form of Alternate Dispute Resolution (hereinafter to be referred to as ADR); therefore all the proceedings and sessions of conciliation are done outside the court. How is conciliation different from other forms of ADRs? What are the principles of
Virtual Hearings in Arbitration: A Mistouted Panacea? Date: 01/03/2021 Author: Neeraja Rajesh Institute of Author: B.B.A LL.B. (Hons.), JSS Law College, Mysuru Introduction Countries across the world are yet again clamping down on physical gatherings and travel in a bid to fight the second wave of the pandemic. Parallelly, the most promising vaccine candidates threaten to be a logistical nightmare
Mediation under Companies Act, 2013 Date – 18/09/2020 Author – Sharqa Tabrez Year – 3rd Year Institute – National Law Institute University, Bhopal Introduction The French philosopher Voltaire once said – ‘I was ruined but twice, once when I won a lawsuit and once when I lost one.’[1] It has been suggested since long that the discontentment with litigation as a
Arbitration Tribunal Appointment Procedure: The Conflict between Party Autonomy and Principles of Natural Justice Date: 11/01/2021 Author: Abhinav Jain Institute of Author: USLLS, GGSIPU Year: 3rd. Introductory Remarks Party autonomy has always been a key element of arbitration that distinguishes it from regular court proceedings. Among other things, it includes the right of the parties to decide and agree upon
Chess Clock Method – Alley to the Due Process and Oral Hearing Date: 10/05/2021 Authors: Simran Kaplish Institute of Authors: Institute of Law, Nirma University, Allahabad. Year: 4th Arbitration in India is significantly thriving, as one of the most effective procedure of dispute resolution. The disputes being solved with the help of arbitration process have undoubtedly witnessed accession. The working
Introduction India is on the run to become an arbitration-friendly jurisdiction and a hub for International Commercial Arbitration. A high-level committee was recently formed under the chairmanship of Justice B.N Srikrishna which suggested reforms related to accreditation and institutionalization of arbitration in India. The idea of establishing an Arbitration Council of India [“ACI”] was put forth to give birth to