• Consensual Dispute Resolution

    Lok Adalat: A Brief Overview

    Reading Time: 5 minutes At the time of the formal adoption of the Indian Constitution in 1950, there existed a unified structure of courts and laws, which were left undisturbed, as their removal or modification would have signified the upheaval of the entire judicial structure. Disputes of all citizens were settled through a well-defined and recognised system of litigation. The courts have formal rules for settlement of disputes and their decision is binding on the parties, but is subject to appeal to the higher court. The system is highly technical and formal, and the judge controls the proceedings as well as the outcome of the litigation. However, litigation does not…

  • Arbitration

    The Joinder of Non-signatories to Arbitration: Discussion on the Recent Ameet Lalchand Case

    Reading Time: 4 minutes Introduction Arbitration has come to the fore as a viable alternative to the Court system for resolution of disputes. The Arbitration and Conciliation Act (“ACA”), 1996 governs the procedural aspects of this mechanism. It has been modified multiple times over the years to get into place an efficient dispute settlement mechanism. The statute is divided into two parts – Part I applies to domestic arbitrations while Part II applies to foreign-seated arbitrations. In the case of Balco[1], the Supreme Court confirmed this separation and held that Part I and II would never apply simultaneously to an arbitration proceeding. While the Arbitration and Conciliation (Amendment) Act, 2015…

  • 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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