It has always been a dispute whether a matter falls under arbitrability and the decision given by the tribunals is obligatory or suggestive. Arbitral tribunals as well as courts while considering a request to set aside an award should generally determine arbitrability in accordance to lex arbitri. Over and above the general rules of arbitration…
What is an award? An arbitral tribunal pronounces numerous decisions during the course of its proceedings. These decisions are mainly divided into two categories: ‘Orders’ and ‘Awards’. It is very important to define what an award is. While an award deals with substantial issues which resolve the issues in dispute, an order resolves the procedural…
Introduction to ADR :- The process by which disputes between the parties are settled or brought to an amicable result without the intervention of Judicial Institution and without any trail is known as Alternative Dispute Resolution (ADR.ADR offers to resolve all type of matters including civil, commercial, industrial and family etc., where people are not…
The Arbitration and Conciliation Act, 1996 grants the authority to the parties to decide the place where the arbitration proceedings shall be held by virtue of the arbitration agreement. When the arbitration agreement does not prescribe a place, the arbitral tribunal fixes the place of arbitration. The arbitral tribunal would then consider the factors like…
Arbitration in its essence means the settlement of a dispute by people who are appointed by the parties to the dispute. It involves the dispensation of justice through a private agency. This idea exists in India since ancient times. There were different institutions in ancient India that can be regarded as precursors of modern-day arbitration.…
ABSTRACT This paper will give the general background and overview of the subject matter of red flag of Corruption in International Arbitration including critical examination of burden of proof in allegation of corruption and fraud lying in international arbitration. Red flags are not evidence of corruption in itself. However they are indicators of corruption that…
“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…
_____________________________________________________________________________________________________ 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…
Arbitration is a common type of alternative dispute resolution that many individuals and corporations utilise to settle differences rather than filing a lawsuit. At a hearing, an arbitrator evaluates the testimony and evidence offered by the disputed parties and resolves the disagreement by giving a ruling that may include a monetary award. Consider an arbitrator…
The basic frameworks would change significantly. A policy ideal which can try to differentiate between protectionist actions and those carried out for legal non-commercial reasons is currently in conflict with NAFTA case-law, which in some cases states that motive for an action does not constitute a significant regard — a view sustained with customary international…
