• Consensual Dispute Resolution

    Confidentiality in Mediation

    Reading Time: 4 minutes Introduction Disputes are an inevitable outcome of human interaction. Alternative Dispute Resolution (hereinafter referred to as “ADR”) refers to methods by which dispute can be resolved outside of litigation. There is no perfect resolution procedure and ADR is not a panacea to everything that is wrong with the adversarial system, but it still has benefits over traditional litigation. Not only is there an absence of prolonged procedural delays but also more flexibility in shaping the process and outcome of the dispute. Additionally, relationships are preserved and satisfaction levels are higher. Arbitration, Conciliation, Negotiation and Mediation are different methods for alternate dispute resolution. Mediation is a form…

  • Consensual Dispute Resolution,  Interviews

    Jack Rathie, Winner of the 2018 ICC Paris Mediation Competition shares his experience on winning the prestigious competition.

    Reading Time: 4 minutes   The ICC Mediation Competition is the world’s most coveted moot centered on international commercial mediation. The 13th edition of the competition was held in Paris from 2nd – 7th February, 2018. The University of New South Wales , Sydney (“NSW”) emerged as the winner of the competition, securing a victory against Saint Joseph University of Beirut. We interview Jack Rathie, a member of the team representing NSW. Jack Rathie is a fifth year Bachelor of Commerce and Law Student at NSW. He has competed in numerous mediation and negotiation competitions, recently winning the 2018 ICC Paris Mediation Competition. He is interested in how technology, communication,…

  • Arbitration

    Institutionalising Arbitration in India

    Reading Time: 4 minutes The New Delhi International Arbitration Centre Bill, 2018 (the “NDIAC Bill”) was introduced in the Lok Sabha earlier this year. The object of the bill is to encourage the establishment of the New Delhi International Arbitration Centre (“NDIAC”) to allow for an autonomous and an independent institution that promotes a more efficient arbitration mechanism in India.   Highlights of the NDIAC Bill  The objective of establishing the NDIAC was to further the process of institutionalisation of arbitration in India. This effort aims to ensure that the system is more efficient and not a time consuming process. Earlier, under the guidance of Mr. Justice B. N Srikrishna, a high level committee looked into the obstacles that hampered the institutionalization of arbitration in India and suggested reforms to the working of International Centre for Alternative Dispute Resolution…

  • Arbitration

    Future of Arbitration Bar in India: Talk by Mr. Tejas Karia at Jindal Global Law School

    Reading Time: 5 minutes Mr. Tejas Karia was invited to Jindal Global Law School to give a public lecture on the ‘future of arbitration in India’ on 28th March 2018. He is a specialist in IT laws, domestic arbitrations and international commercial arbitrations. Mr. Karia is presently a Partner and heads the arbitration practice at Shardul Amarchand Mangaldas & Co., one of India’s most prestigious law firms. He is a member of Bar Council of Gujarat and is additionally a solicitor in Law Society of England and Wales and a fellow of Chartered Institute of Arbitrators (CIArb). Roles and expectations of Indian Arbitration Bar Mr. Karia began the talk by…

  • Uncategorized

    From the Editorial Board

    Reading Time: 3 minutes Welcome to the Mapping ADR Blog. The legal profession has witnessed the uninterrupted growth of Alternative Dispute Resolution (“ADR”). Globalisation and the rise of cross-border transactions have only propelled this paradigm shift, thus giving way to a multitude of complex legal issues. India has not remained untouched from this growing impetus. There is an increasing push from the legislature to encourage settlement of disputes through arbitration. The Arbitration and Conciliation (Amendment) Act, 2015 (“Amendment Act”) aimed to provide for the timely completion of arbitral proceedings by setting time periods for making the arbitral award and the disposal of cases by courts. It also sought to reduce…

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