• Negotiation

    Rohan Gulati on an Insight into Commercial Negotiation

    Reading Time: 5 minutes Introduction Negotiation, a routine method of dispute resolution is a widely recognized form when it concerns the commercial enterprises and its disputes. It is pertinent to mention that these disputes range from simple contractual issues to complex high-stake multiparty agreements which might involve the government as well. Therefore, most of the corporate enterprises prefer on negotiation as a form of dispute resolution rather than spending exuberant amount on tedious litigations. However, the advent of the Indian economy ever after 1991 and the upward graph depicts an essential growth in the commercial markets of the country, whilst on the other hand, it is hit by several disputes…

  • Consensual Dispute Resolution

    Mahasweta M. on Advocating Consensual Resolution of Public Disputes

    Reading Time: 5 minutes Public disputes are controversies which affect members of the public and almost always involve one or more levels of government.[i]They often relate to the implementation or execution of a new policy or project by the government, and sometimes to the policy itself. They are in the nature of distributional disputes, which do not focus on legal rights, but rather on the allocation of funds, the setting of standards, siting of facilities, distribution of land and water resources, etc.[ii]These disputes almost always follow paths which inevitably end at the doors of a courtroom. However, a strong case can be made for the use of consensual dispute resolution…

  • Consensual Dispute Resolution

    Adarsh Dubey on Consensual Dispute Resolution in Criminal Cases and Role of Plea Bargaining

    Reading Time: 6 minutes “Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often the real loser — in fees, and expenses, and waste of time. As a peace-maker the lawyer has a superior opportunity of being a good man. There will still be business enough.” – Abraham Lincoln[i] WHAT IS CONSENSUAL DISPUTE RESOLUTION? Consensual Dispute Resolution [referred to as “CDR” hereinafter] are voluntary settlement processes, through which parties attempt to resolve their disputes or differences through negotiation, without taking resort to the services of the court and judicial officers in order to arrive at an amicable settlement between them.[ii]Two…

  • Mediation

    Anmol Mathur on Bargaining as a Core to Mediation

    Reading Time: 5 minutes  Introduction Mediation is about reaching a mid-position where all parties benefit out of the decision so made. It is largely based on negotiations and the bargains each party is committed to make, in order to bend the outcome in their favour. Each party weighs the pros and cons of a situation has to offer and hence decide their bargain, as to what they will have to offer in order to gain what is favourable. A majority objective of this is to minimize the expenditure and delay and maximize the constructiveness of the outcome so made. A considerable part of this process is achieved by way of…

  • Arbitration

    Pranay Bhattacharya on Arbitration as a Method of Resolving Cybersquatting Disputes

    Reading Time: 6 minutes  PREFACE With the revolution in the cyberspace arena and e-commerce, the growing need for a unique domain name has taken a different toll, and so have the disputes. Domain names act as a link between the potential customers and the service providers via online channels. Therefore, this write-up is an attempt to dissect the contention between the parties using arbitration as a method to resolve the disputes in cases of cybersquatting. WHAT IS CYBERSQUATTING? It refers to copying and using a registered domain name or using one’s trademarkwith the mal-intention of commercial gain, online frauds or selling off one’s trademark. The names so used are to…

  • Arbitration

    Aman Kumar Yadav and Arjun Chakladar on Arbitration’s Shift to the East

    Reading Time: 5 minutes Arbitration in recent times has seen immense growth globally and has been recognized almost unilaterally by majority of legal frameworks as the premier alternative dispute resolution procedure. Arbitration as a process has gained traction due to its methodology gaining prevalence outside the walls of litigation, and a process where both disputing parties come to terms amicably and the arbitration award rendered by the arbitrator/ arbitral tribunal is enforceable and legally binding without the formality and myopic scope of the litigant courts. Arbitration, as a procedure has its roots and stronghold in the United States of America, with the ‘New York Convention’ and UNCITRAL Arbitration rules,[i]both landmarks…

  • Arbitration

    Vivasvan Prakash and Shrey Uttam on Role of National Courts in International Commercial Arbitration

    Reading Time: 5 minutes INTRODUCTION Indian judiciary has around 17000 professional and diligent judges however the system is under strain with almost more than 30 million cases in pendency leading to delays which are endemic and an unnecessary hurdle plaguing our system. On an average a commercial case in India takes around 5 to 15 years to reach its judgment stage. This complex legal mechanism along with delay in justice adversely impacts the ease of doing business in India. With rising Indian aspiration to become leading economy in Asia and subsequently to match the prowess of Chinese economy it is pivotal that an investor friendly atmosphere in form labor reforms,…

  • Arbitration

    Kartikey Singh on Arbitrability of Consumer Disputes in India

    Reading Time: 5 minutes The issue of Arbitrability of consumer disputes has been debated since the genesis of the Consumer Protection Act, 1986. This debate becomes even more crucial when we see it in the backdrop of India representing itself as a “pro- arbitration” state. The recent case of Emmar MGF [i] has put an end to this debate as it has impliedly ruled out consumer disputes from the ambit of arbitration proceedings under the Arbitration and Conciliation Act, 1996. Before we come to the analysis of the Supreme Court’s latest ruling, it would be pertinent to observe the judicial precedents in this respect to get a holistic view of the issue…

  • Mediation

    Alice Sharma on Domestic Violence, To Mediate or Not to Mediate

    Reading Time: 5 minutes Domestic violence sadly, is rampant and common in Indian families. Section 3 of Protection of Women from Domestic Violence Act, 2005 defines Domestic violence in a comprehensive manner, comprising of physical, mental, verbal, emotional, sexual and economic abuse, harassment for dowry, and acts of threatening to abuse the victim or any other person related to her.[1]To put it into perspective a massive 31 per cent of married women have been subjected to physical, sexual, or emotional violence by their spouses. According to the National Family Health Survey (NHFS-4) report released by the Union health ministry, 27% women have experienced physical violence.[2]As the statistics point out, in the patriarchal…

  • Mediation

    Mohit Mokal on Pre-Litigation Mediation Model in India

    Reading Time: 12 minutes Introduction Mediation can be most simply defined as party oriented negotiation, facilitated by a neutral third party, helping reach a workable solution that is mutually acceptable. Mediation has existed in India since before its colonial times centuries ago through the Panchayat system but was overshadowed by Common Law during the British rule. However, it is now getting some traction owing to the overburdened and almost paralyzed Indian judicial system with over 33 million cases in backlog as of July 2018. The number of cases that have been pending in the courts for more than 30 years exceeds more than 38,000 in the High Court of Allahabad…