During the online session, either party or both the parties’ facets to keep the proceedings hidden but communicating through e-mail or through browser or other platforms is uncertain as the risk of hackers and pirated users deflect the information and communication will increase. Spoofing is the most easiest and common way to hijack the confidential…
Litigation in India is the primary tool which the people seek for justice, and ADR is less developed in India and ODR has no existence in India. Time-barred court buildings are not much updated to technology much and as Covid-19 incites to move to online activity, the need for an ADR in India will be…
INTRODUCTION In arbitration, an Arbitral Tribunal is elected for resolving the dispute between the disagreeing parties. In literal meaning, “Arbitral tribunals refer to panels of one or more arbitrators responsible for adjudicating disputes between parties.” Arbitral tribunal is also known as Arbitral Commission, Arbitration Council or Arbitration Committee. It is the duty of the tribunal…
Lex mercatoria, an E-Commerce directive, from European Union, requiring states to ensure that parties to the dispute are not obstructed to go for ADR mechanism and using electronic tools for settlement, this kind of corresponding law is required to be framed in order to encourage ADR in India.[1] Encryption and other security protocols has to…
Alternative Dispute Resolution (ADR) is the procedure for settling disputes without litigation, such as arbitration, mediation, or negotiation. ADR procedures are usually less costly and more expeditious. They are increasingly being utilized in disputes that would otherwise result in litigation, including high-profile labour disputes, divorce actions, and personal injury claims. One of the primary reasons…
Interim relief under Section 9 A plain reading of the section 9 indicates that a party may before or during the arbitral proceedings or at any time after making of the arbitral award but before it is enforced in accordance with section 36, may apply, to the court for interim measure of protection. Prayers for…
When disagreeing parties are not satisfied with the judgement passed by the Court via litigation, Alternative Dispute Resolution (ADR) comes in play to save the day[i]. ADR is an external dispute resolution method which is used to settle disputes between two parties or more, with the help of a third party. It has a wide…
When disagreeing parties are not satisfied with the judgement passed by the Court via litigation, Alternative Dispute Resolution (ADR) comes in play to save the day1 . ADR is an external dispute resolution method which is used to settle disputes between two parties or more, with the help of a third party. It has a…
INTRODUCTION The Arbitration and Conciliation Act 1996 (hereinafter referred to as The Act) specifically provides for the manner in which a Foreign Award is to be dealt with for the purposes of its enforcement. The Act of 1940 had no such provision. The Foreign Awards are to be dealt with separately under the New York…
Mediation is an age old process of dispute resolution practiced since vedic period.It is a low cost, keeping the matters, especially family matters secret among three parties, two parties & the mediator. Moreover, the solution is not imposed in any party, it is a solution that both the parties agreed to. It, thus gives an…
