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    Supreme Court on the validity of “Pre-Deposit clause” by Rajvansh Singh

    Reading Time: 4 minutes Introduction Speedy and effective settlements of dispute are the two most important attributes for the smooth flow of trade. Unfortunately, the Indian Judiciary is infamous for speedy settlement of disputes. Recently, arbitration has emerged as an efficient alternative to the public justice delivery system.   Pre-deposit clause implies that if a party to the agreement intends to bring a claim before the arbitrator, it must first deposit security of a determinable sum, usually a percentage of the claimed amount. The underlying object behind these clauses is to prevent frivolous and extravagant claims being brought by the parties, in the hope of “trying their luck” with the…

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    Shauree Gaikwad on IMPLICATIONS OF SECTION 12A OF THE COMMERCIAL COURTS (AMENDMENT) ACT, 2018

    Reading Time: 6 minutes Mediation has been recognized as an alternative form of dispute settlement by Section 89 (1) (d) of the Civil Procedure Code, 1908[1]. Recently, mediation has been gaining statutory recognition by the amendment made to The Commercial Courts Act, 2015 and also with it being introduced in the Insolvency and Bankruptcy Code, 2016 and The Companies Act, 2013. Mediation first came to be legally recognised as a method of dispute resolution in the Industrial Disputes Act, 1947. Later on, the Alternative Dispute Resolution and Mediation Rules, 2003[2]provided for mandatory mediation.   But when it came to commercial cases, it still didn’t shape up to be a popular…

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    Kamakshi Puri on Mediation in Family Law Disputes in India

    Reading Time: 6 minutes This piece aims to act as a primer on court-referred mediation in family disputes by Family Courts in India. It will try and answer a range of questions starting from the power of a Family Court to refer cases to mediation and laws governing said reference, whether this power of reference in the hands of the judge is discretionarily or mandatory and whether any agreement/ decision out of the mediation process would be binding on the parties. This process will likely uncover issues with the mediation process in India. Family disputes in this context would include matrimonial, child custody and spousal or children maintenance disputes but…

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    Parina Muchhala on MEDIATION OF CONSUMER DISPUTES IN INDIA: AN AID TO THE INDIAN LEGAL SYSTEM?

    Reading Time: 4 minutes Introduction The Consumer Protection Bill, 2018, was recently passed in the Indian Lok Sabha. Interestingly, Section 37 of the Bill gives District Commissions the power to refer suitable consumer disputes to mediation. This emulates the belief of the Law Commission of India in its 129thReport, and that of the Supreme Court in Afcons Infrastructure Ltd. and Anr. v. Cherian Varkey Construction Co. Pvt. Ltd. and Ors.,that mediation can lead to settlement of claims for aggrieved consumers. A closer examination of the bill further reveals its intention to institutionalise the mediation framework across the country.[1]It remains to be seen, however, while the bill still remains pending before…

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    Rajvansh Singh on Hardy Exploration: A Missed Opportunity

    Reading Time: 4 minutes Every International Commercial Arbitration involves interplay of multiple laws. This is because of the concept of ‘severability of an arbitration agreement’, which means an arbitration clause is taken to be autonomous and to be separable from other clauses in the agreement.Thus, a contract involves two sets of laws- one dealing with the main contract i.e. governing law and another deals with arbitration, which is further sub divided i.e. procedural and substantive. The proper law of the contract i.e. the law that governs the main contract (“Governing law”). The curial law i.e. the law that governs procedural aspect of arbitration (“Procedural law”). The proper law of the…

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    Call for Researchers

    Reading Time: 1 minute Researcher required for a book project on International Commercial Arbitration. The position may be stipendiary and the researcher would be acknowledged in the book. The project has an approximate timeline of one year. Applicants should have completed ADR, and ICA courses and preferably have some internship experience in arbitration. Selected students will be interviewed by Dr. Francis Julian. Interested students may contact Prof Suvrajyoti Gupta at sgupta@jgu.edu.in. Please follow and like us:

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    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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