• Arbitration

    Athul Aravind on Blockchain Arbitration: The Future?

    Reading Time: 6 minutes The rise of the E-commerce sector in India can be largely attributed to the increasing popularity of online shopping through various platforms such as Amazon, Flipkart, and so forth. It’s growing popularity stems down to its convenience, speed and accessibility to a wide range of products at the click of a button. Seeing that companies like Flipkart have made as much as 1.4 crores in day [1], one cannot doubt it’s increasing popularity. Although a large chunk of this revenue is legitimate, a sizeable chunk of this revenue is made through small sums of money (Rs.50- 4000) that were unclaimed by the consumer through mishaps of…

  • Arbitration

    Madhur Arora on The Development of the Choice of Law Analysis in the Indian Jurisprudence

    Reading Time: 6 minutes Arbitration in India started with the old arbitration act of 1996[1]which has subsequently been amended in 2015[2]. Despite the creating and subsequent amendment of the legislation itself, arbitration in India seems to have undergone a drastic stage of confusion with regards to the international aspect of commercial arbitration. One of the key contentions in this regard exist between the law applicable to the arbitration agreement in the circumstance that the law of the seat is different than the law that governs the underlying contract.[3]Other leading international jurists have also commented on how the complications between the interpretation of the Indian act has caused havoc in the…

  • Arbitration

    Pallavi Modi on Online Dispute Resolution – The Future of Dispute Resolution in India

    Reading Time: 5 minutes Alternative Dispute Resolution (“ADR“) as a process for resolving disputes between parties has come a long way in India. The growth and beneficial utilization of the ADR process especially within the corporate sector is noteworthy. Today when, more than three crore cases are pending in Indian courts, the ADR process has enormous prospects for application and development. Due to the growing saturation in litigation and continually improving ADR infrastructure in the country, the ADR process has reached a stage of unprecedented popularity and recognition. Since the enactment of the Arbitration and Conciliation Act, 1996(“the Arbitration Act“), various amendments have been made. The most recent development is…

  • 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,…