Category Archives: ADR – Alternative Dispute Resolution

Alternative dispute resolution (ADR) refers to the different ways people can resolve disputes without a trial such as mediation, arbitration, negotiations. We provide you with study material related to alternative dispute resolution.

1st International UILS Negotiation Competition | UILS, Punjab University | 10th November to 14th November 2021

1st International UILS Negotiation Competition which will be held in virtual mode from 10th to 14th November 2021 will be organised by the University Institute of Legal Studies, Panjab University. About the Organiser University Institute of Legal Studies has emerged as one of the premier legal institutions of India, which embodies a blend of tradition and modernity in……...

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Analysing Section 87 of Arbitration and Conciliation Act: Hindustan Construction Company Limited & Anr. v Union of India & Ors, 2019

In this article, Jeetika Aggarwal and Priyanshi Bainwala are analysing Section 87 of Arbitration and Conciliation Act in light of Hindustan Construction Company Limited & Anr. v. Union of India & Ors, 2019. I. Introduction The Supreme Court of India (SC) handed down a landmark decision in the matter of Hindustan Construction Company Limited & Anr. & Ors….…...

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Competence of Courts to allow Application under Section 29a of the Arbitration and Conciliation Act, 1996

Section 29A of the Arbitration & Conciliation Act, 2019 (the Act), which serves the significant purpose of expeditiousness of the proceedings was introduced vide the Amendment Act 3 of 2016. This section was further amended in the year 2019, which framed a time limit for the conclusion of arbitration proceedings other than International Commercial Arbitration. Earlier several Civil……...

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Artificial Arbitrators – A New Way Towards Dispute Resolution

If the human Arbitrators are completely replaced by the Artificial Arbitrators then the whole arbitration proceedings would be different. The conflicting parties will not have to appoint any arbitrators nor do the court will be involved in appointing the same. Learn all about the concept in this article. I. Introduction “I don’t see that human intelligence is something……...

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Mediation in Unconventional Fields: The India Chapter

In common parlance, Mediation is an amicable dispute resolution process, where a neutral third party facilitates discussions between the disputing parties and thus, helps them reach an appropriate solution to their dispute. In this article, Sneha Mohanty explains the nitty-gritty of  Mediation as a means of dispute resolution in the context of India. I. Introduction Mediation is a……...

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Evolution of Arbitral Law in India: An Overview

This article on ‘Evolution of Arbitral Law in India: An Overview’ traces the history of arbitration, its advent and development in India. I. Introduction: Evolution of Arbitral Law in India “At all events, arbitration is more rational, just, and humane than the resort to the sword”. – Richard Cobden The fast-paced globalisation led to a massive surge in……...

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Public Policy Defeating Arbitral Awards and Prospective Investments

An unswerving practice of recognition and enforcement of foreign arbitral awards is one of the most vital catalysts to attract international investment. An arbitration ecosystem where such recognition and enforcement is done with minimal interference is considered to be strong and desirable[1] although there may be certain necessary limitations. One of such limitations that have been used to……...

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An Overview of The Arbitration Council of India In The Light Of The Arbitration And Conciliation (Amendment) Act Of 2019

This article titled ‘An Overview of The Arbitration Council Of India In The Light Of The Arbitration And Conciliation (Amendment) Act Of 2019’ has been written by Jahnavi Taneja & Abhayy Pandit. A glimpse of The Arbitration And Conciliation (Amendment) Act of 2019 On July 15th, 2019 – Mr Ravi Shankar Prasad on behalf of the Ministry of……...

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Alternative Dispute Resolution: ADR in Sports – The New Mechanism

This article explores the creation of ADR in Sports as a new mechanism to control the burden of regular courts and resolve cases that are often sophisticated and global in nature. Sports, as opposed to simply being a recreation movement, rose as a developing industry. Its development as an industry can be credited to commercialization. The sports discipline……...

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Advantages and Disadvantages of Arbitration

This article discusses the advantages and disadvantages of Arbitration. Arbitration has been a major part of the history of India. Previously, the parties in a dispute would submit their arguments to a group of wise men, which later came to be known as the Panchayat system. [1]In the international sphere various separate laws have established a culmination that……...

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