The ADR Blog
Two major concerns that should be resolved before the implementation of mediation is to promote good governance in the mediation services and promote public confidence and trust in the process of mediation for the resolution of employment disputes and grievances...
By Hunar 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 in Indian arbitration. While the judgment’s implications extend across public-private contractual frameworks, this article...
By Pragya Richa Tiwary 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. This assures data protection and easy implementation of awards, while enhancing transparency. The Digital Personal Data Protection Act strives to...
By Rishika Sharma and Shambhavi 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 an investment outlet . Absence of regulations is creating a risk prone environment for TPF, and the situation appears to be dawdling. In order to create...
By Soumyajit Haldar 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 two or more parties in the event of an ‘industrial dispute’, a provision had been made for specialized Labour Courts under the ID Act for the resolution of such kind of disputes. The ID Act also...
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 security and helps address the rise in commercial disputes driven by...
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 main difference seen under Section 37 of the Consumer Protection Act, in the form of Sections 37A and 37B, which comprehensively address the...
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 by the Code of Civil Procedure (Amendment) Act, 1999. Despite being long acknowledged...
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...
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 into the Code of Civil Procedure, 1908 and further by the enactment of Arbitration and Conciliation Act, 1996(“A&C Act”). Mediation’s popularity as an ADR is...