Background of Law of Conciliation in India The UNCITRAL Model Law on International Commercial Conciliation defines “conciliation” means a process, whether referred to by the expression conciliation, mediation, or an expression of similar import, whereby parties request a third person or persons “the conciliator” to assist them in their attempt to reach an amicable settlement…
An Interplay between customary law norm and Model Law on Cross Border Insolvency The New York Convention has been a successful instrument towards harmonisation of standards for assessing enforceability of awards and referring parties to arbitration. However, jurisdictional deviations have been in place, alongside modified universalism. Opinions have tilted towards a customary law norm to…
“Justice is never given, it has to be achieved.” – A. Philip Randolph Coming from a typical Marwari business family, I did not know much about the law or the legal profession until college. I never felt the need to know the law. During my school days, I was good in studies and participated in…
MEDIATION AND ADR Mediation is a voluntary, party-centered, and structured negotiation process in which a neutral third party assists the parties in resolving their dispute amicably through the use of specialized communication and negotiation techniques. The parties retain the right to decide whether or not to settle a dispute and the terms of any settlement…
ROLES & TECHNIQUES OF A MEDIATOR MEDIATION AND ADR Mediation is a voluntary, party-centered, and structured negotiation process in which a neutral third party assists the parties in resolving their dispute amicably through the use of specialized communication and negotiation techniques. The parties retain the right to decide whether or not to settle a dispute…
Arbitration refers to the resolution of conflicts between parties as soon as possible, without delving into the procedural complexities connected with the operation of a civil court. Arbitration is defined as the hearing and resolution of a dispute between two or more parties by a person or individuals designated by the parties. In an English…
INTRODUCTION Arbitration was created as a technique to avoid the difficulties associated with civil litigation in courts. It first appeared in India in the form of panchayats, which were made up of individuals who were requested to rule on issues brought before them, and whose decisions were accepted by the parties to the dispute. The…
What Is An Arbitration : Arbitration is a method of resolving disputes outside of court. Parties refer their disputes toan arbitrator who reviews the evidence, listens to the parties, and then makes a decision.Arbitration clauses can be mandatory or voluntary, and the arbitrator’s decision may bebinding or nonbinding. And, Arbitration is a procedure in which…
Emergency arbitrators (EA) are recognized as an alternative of courts for providing interim relief before the constitution of the arbitral tribunal, for the purpose of adjudication of the merits of a particular claim. Most progressive arbitration jurisdictions like Singapore and other Scandinavian countries have a statutory provision for recognition of such arbitrators. However, in India,…
Since, the era of White industries case,the there have been enumerous instances where parties to arbitration preferred ad hoc arbitration over institutional and thereby led to greater expansion of the former over the latter.“Ad-hoc arbitration is considered less expensive than institutional arbitration, as the parties only pay fees of the arbitrators, lawyer’s fees, and the…
