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LOK ADALATS- ‘AN ADR MECHANISM’
The establishment of Lok Adalats opened a new chapter in this nation's justice system and was successful in giving victims of wrongdoing a second platform for amicably resolving their differences. Gandhian ideals are the foundation of this system. It is one of the elements that make up ADR systems. It is an Indian contribution to the international ...
ADR IN CRIMINAL CASES
ADR, or Alternative Dispute Resolution, refers to a range of methods and processes used to resolve legal disputes outside of traditional court proceedings. It provides parties with alternatives to litigation, offering a more flexible, informal, and collaborative approach to resolving conflicts. ADR methods are typically less formal, time-consuming,...
Enforcing Foreign Arbitral Awards in India
Introduction Enforcing foreign arbitral awards in India has been a subject of considerable debate in recent times. This is due to the fact that India is a signatory to a number of important international conventions such as the New York Convention of 1958 which deals with the recognition and enforcement of foreign awards. In order to enforce forei...
Analyzing the Judgment in M/s. N.N. Global Mercantile Pvt. Ltd. v. M/s. Indo Unique Flame Ltd. And Ors.
Another recent judgement of Hon’ble Supreme Court touching upon a vital practical aspect of any Contract/Agreement having Arbitration clause. The case deals with the question of whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable? The Apex court ru...
Power of Court under Section 9 of Arbitration and Conciliation Act, 1996
Introduction The Arbitration and Conciliation Act, 1996 is a piece of Indian legislation that governs arbitration and conciliation proceedings in India. This Act provides for the institution and enforcement of arbitration agreements, and the resolution of disputes through arbitration and conciliation. Section 9 of the Act provides for the power of ...
The Concept and Techniques of Mediation
Mediation is a form of alternative dispute resolution in which a neutral third party helps two or more parties to reach a mutually agreeable resolution to their dispute. It is a voluntary process, with each party having the freedom to choose whether or not to participate. The mediator helps facilitate communication between the parties and assists t...
Applicability of GST on Arbitration Award
The parties involved in a contract may opt for Arbitration proceedings for various reasons such as failure to fulfill the terms of the contract, the release of withheld funds by either party, the return of a security deposit, compensation for damages incurred due to non-performance of the contract, among others. However, when it comes to tax implic...
Applicability of Doctrine of Group of Companies in Arbitration
Consent is the fundamental requirement for initiating or concluding an arbitration process. Consent refers to the shared intention of the parties to resolve legal disputes through an arbitral tribunal instead of the court. This intention is established through an agreement of arbitration, which is properly documented. Section 7 of the Arbitration a...
Efficiency of ADR processes in India
Alternative Dispute Resolution (ADR) encompasses various methods for resolving disputes outside of the traditional courtroom setting. ADR aims to facilitate a mutually satisfactory outcome between parties without resorting to litigation or the involvement of the judiciary. The specific techniques or modes of ADR utilized may differ based on the leg...
Distinction between Place vs Venue through judgments drawn by court
Arbitration is a form of alternative dispute resolution (ADR) which settles disputes without involving the court system. The resolution is determined by one or more arbitrators and the arbitral award is legally binding on the parties and can be enforced in the court of law. Section 20 of the Arbitration and Conciliation Act, 1996, deals with the pl...
Alternative Dispute Resolution in Labour Dispute Matters
Alternative Dispute Resolution (ADR) refers to a wide variety of processes for resolving disputes that allow opposing parties to present their arguments without resorting to litigation. It involves the use of a neutral third party to assist in reaching a mutually agreeable resolution. ADR can alleviate the strain on courts caused by excessive litig...
A Critical Analysis of the Indian Mediation Bill 2021
The quest for India’s comprehensive legislation on commercial mediation has culminated in the formulation of the Draft Mediation Bill 2021 (“Bill”). The Bill was tabled by the Union Law Minister in the Indian Parliament in December 2021, after which it was referred to the Parliamentary Standing Committee on Personnel, Public Grievances, Law & Justi...
Can parties to a suit opt for arbitration in absence of an arbitration clause in the agreement ?
Arbitration is a form of alternative dispute resolution (ADR), where the dispute is decided by one or more arbitrators. An arbitral award is legally binding on all the parties to the arbitration and enforceable in the courts. A party to a contract can move to arbitration only when there is a pre-existing arbitration clause or arbitration agreement ...
FEASIBILITY AND LEGALITY OF THIRD-PARTY FUNDING IN INDIA
INTRODUCTION Third-party funding is a practice where an organisation pays for one party's legal fees in exchange for a cut of the settlement money if the case is successful. Although it is a common practice in many jurisdictions, India has not yet ventured into this realm of international arbitration. Due to its historically exorbitant nature and ...
Scope of 'Public Policy in India' under Section 34 of the Arbitration and Conciliation Act, 1996
According to the 34(2)(b)(ii) of the Arbitration and Conciliation Act, 1996, an arbitral award can be set aside by the court if it is against the 'public policy of India'. The term 'public policy' is not explicitly defined in the Act, but it can generally be understood to refer to the 'policy of law' or those actions that obstruct justice, violate ...
Scope of Interim Relief Post Arbitral Award and Enforcement of Arbitral Award when all the parties to the Arbitration proceeding challenge the Arbitral Award
Scope of Interim Relief Post Arbitral Award: Section 9 of the Arbitration and Conciliation Act, 1996 allows a party to an arbitration proceeding to seek interim measures from the court "even after the arbitral award has been made but before it is enforced in accordance with Section 36 of the Act" ("post award interim measures"). The act allows the...
10 MOST IMPORTANT JUDGMENTS UNDER ARBITRATION LAW IN INDIA
Due to its effectiveness, efficiency, and speed, arbitration is becoming a more popular form of alternative conflict resolution than court-based litigation. With the goal of modernising Indian Arbitration Law and bringing it in line with the best international practices, the (Indian) Arbitration and Conciliation Act, 1996 (Arbitration Act) was mode...
SEAT VS. VENUE IN ARBITRATION PROCEEDINGS
Any arbitration proceeding involves two major concepts: the "seat" and the "venue." The venue refers to where in physical space an arbitration is held, while the seat concerns what jurisdiction's laws apply. The seat of arbitration is the place where an arbitration will take place. The law or procedural law governing that particular jurisdiction, ...
SUPREME COURT ON ARBITRATORS FEE CAPPING
The Supreme Court recently in ONGC Vs Afcons Gunanusa JV judgment ruled that the Rs 30,00,000/- ceiling in Serial No. 6 of the Fourth Schedule of the Arbitration and Conciliation Act applies to the aggregate of the base and variable amounts, not solely the variable amount. This means that the highest fee payable will be Rs 30,00,000, as observed by...
Insights of New Mediation Bill,2021
In December 2021, Union Law Minister Kiren Rijiju tabled the Mediation Bill in Parliament. The Bill was controversial, and it was sent to the Committee on Law and Justice for additional scrutiny. This article gives an overview of its salient features. SALIENT FEATURES: 1.Parties to civil or business disputes should attempt to resolve their dispu...
The Mediation Bill, 2021: Analysis and Impact
Recently, a separate bill for regulating the conduct and procedure of mediation was introduced in the Rajya Sabha in December 2021. The main objective of the legislature in bringing in such a law is to reduce the pendency of court cases. Further, the bill aims to open the doors to institutional meditation for ordinary people who do not want to get ...
Section 42 of Arbitration and Conciliation Act, 1996: Jurisdiction of the Court in Arbitration Proceedings
INTRODUCTION Arbitration, in recent times, has become a very productive and convenient form of dispute resolution. Various applications can be filed at various stages of arbitral proceedings under the Arbitration and Conciliation Act, 1996. An application in Arbitration and Conciliation Act, 1996, can be filed under section 8, section 9, section 1...
Application u/s 11 of Arbitration Act
APPOINTMENT OF ARBITRATOR UNDER THE ACT AND TRENDS WITH THE RECENT JUDGMENTS INTRODUCTION: Amongst all, arbitration has become the most preferred way to resolve disputes. The reasons include timely decision making, flexible procedures, low chances of the uncertain outcome as compared to the national courts, which is the traditional approach and ...
DIFFERENCE BETWEEN SEAT & VENUE | ARBITRATION
Emerging open markets in India have led to the discussion on solving the disputes through mechanisms that can adjudicate and dispose of such disputes quickly. Arbitration in India was introduced in 1996. Since then, the controversy related to seat and venue has been initiated. The issue related to seat and venue is important to discuss here becaus...
Prospects for Mediation
MEDIATION The Cambridge Dictionary defines mediation as "the process of talking to two independent persons or organisations involved in a conflict to try to help them agree or find a solution to their difficulties." According to Black's Law Dictionary, mediation is "a form of non-binding conflict settlement employing a neutral third person who at...
VIRTUAL ARBITRATION - THE NEW NORMAL
India is spreading its wings of technology across the country and worldwide. The scope and objective of digital infrastructure has gained colossal momentum among various sectors and citizens of urban and rural India. Likewise, the digital footprint has found its presence in the Indian judicial system in the past few years. The Supreme Court of Indi...
Redefining Dispute Resolution in India | Indian ODR Policy
According to the e-Courts website, there are about 49.15 million cases waiting before the District Judiciary and 5.46 million cases pending before the High Courts. Similarly, tribunals created to use specialised knowledge for technical topics and relieve courts of their obligations are plagued by their own problems, causing further delays in confli...
"Arbitration Clause in an unstamped Contract: Issue of Enforceability" By Harshavardhan Abburi
Introduction It is understood that arbitration is a form of alternative dispute resolution (ADR), which, ideally outside the courts, is simply a way of settling disputes. It may be used to determine any particular rights-related conflict, but arbitration is also used to resolve contractual disputes in the context of international business transact...
What are the differences between seat and place of arbitration? #AMALawyered by Sunny Shah
Lawyered [https://www.lawyered.in/admin/] presents Advocate Sunny Shah [https://www.lawyered.in/lawyer-profile/sunny-shah-5051/], in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series. Question: What are the differences between seat and place of arbitration? Lawyered [https://lawyered.in/] -...
What are the challenges in a domestic arbitration virtual hearing? #AMALawyered by Adv. Sunny Shah
Lawyered [https://www.lawyered.in/admin/] presents Advocate Sunny Shah [https://www.lawyered.in/lawyer-profile/sunny-shah-5051/], in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series. Question: What are the challenges in a domestic arbitration virtual hearing? Lawyered [https://lawyered.in/...
Why are there different time bars prescribed for enforcement of foreign arbitral awards? #AMALawyered by Adv. Sunny Shah
Lawyered [https://www.lawyered.in/admin/] presents Advocate Sunny Shah [https://www.lawyered.in/lawyer-profile/sunny-shah-5051/], in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series. Question: Why are there different time bars prescribed for enforcement of foreign arbitral awards? Lawyered...
#QuoteUnquote on Sec. 9 petitions of the Arbitration Act by the Delhi HC by Adv. Nipun Katyal
Lawyered [http://www.lawyered.in] presents the next video in its brand new video series: #QuoteUnquote. See Adv. Nipun Katyal [https://www.lawyered.in/lawyer-profile/nipunkatyal-1257/] discuss the recent Hon'ble Delhi HC judgment on sec. 9 petitions of the Arbitration and Conciliation Act, 1996 wherein it stated that such petitions cannot be dispos...
Can a party appear before the arbitrator with their lawyer? by Adv. Akshat Dabral #AMALawyered
Lawyered [https://www.lawyered.in/admin/] presents Advocate Akshat Dabral [https://www.lawyered.in/lawyer-profile/akshat-dabral-2445/], Partner - S.N.A Legal (Advocates & Solicitors) in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series. Question: Can a party appear before the arbitrator with their l...
At what stage of dispute is mediation fruitful? by Adv. Akshat Dabral #AMALawyered
Lawyered [https://www.lawyered.in/admin/] presents Advocate Akshat Dabral [https://www.lawyered.in/lawyer-profile/akshat-dabral-2445/], Partner - S.N.A Legal (Advocates & Solicitors) in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series. Question: At what stage of dispute is mediation fruitful? La...
What's next if a business party ignores an arbitration clause? by Adv. Akshat Dabral #AMALawyered
Lawyered [https://www.lawyered.in/admin/] presents Advocate Akshat Dabral [https://www.lawyered.in/lawyer-profile/akshat-dabral-2445/], Partner - S.N.A Legal (Advocates & Solicitors) in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series. Question: What are the steps that can be taken if one of the p...
#QuoteUnquote on GE Power Conversion India vs. PASL Wind Solutions by Adv. Prakhar Dixit
Lawyered [http://www.lawyered.in] presents the next video in its brand new video series: #QuoteUnquote. See Adv. Prakhar Dixit [https://www.lawyered.in/lawyer-profile/prakhar-dixit-1814/] discuss the landmark judgment on arbitration by the Hon'ble Gujarat High Court in GE Power Conversion vs. PASL Wind Solutions as he talks about the facts of the c...
#MentorHour on Alternative Dispute Resolution in 2020 by Advocate Atul Bhuchar.
Lawyered [https://www.lawyered.in/admin/] presents the next edition of #MentorHours [https://www.youtube.com/watch?v=gtKy5JAvZX4&list=PL-uyYxj7oSsIuO_aB-Nv5t63aAlYKhdbZ] on "Alternative Dispute Resolution in 2020" The webinar was conducted by Mr. Atul Bhuchar [https://www.lawyered.in/lawyer-profile/atul-bhuchar-2194/], Advocate and Mediator. ...
#QuoteUnquote on the Arbitration and Conciliation (Amendment) Ordinance, 2020 with Adv. Gaurav
Lawyered [http://www.lawyered.in] presents the next video in its brand new video series: #QuoteUnquote. See Adv. Gaurav Goyal [https://www.lawyered.in/lawyer-profile/gaurav-goyal-5641/] discuss what the new Arbitration and Conciliation (Amendment) Ordinance, 2020 has in store for the future of arbitration in India. Lawyered [https://lawyer...
#QuoteUnquote on Guj HC's landmark judgement on ADR by Adv. Kushal Sarkar
Lawyered [http://www.lawyered.in] presents the next video in its brand new video series: #QuoteUnquote. See Adv.Kushal Sarkar [https://www.lawyered.in/lawyer-profile/kushal-sarkar-5871/] discuss the Hon'ble Gujarat High Court's landmark judgment on ADR passed on 4 November, 2020 holding that Indian parties can choose a foreign seat of arbitration a...
Is arbitration a time bound procedure for dispute resolution? by Advocate Nishant Nigam #AMALawyered
Lawyered [https://www.lawyered.in/admin/] presents Advocate Nishant Nigam [https://www.lawyered.in/lawyer-profile/nishantnigam-27/], Partner - Chamber of Nigam & Nigam in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series. Question: Is arbitration a time bound procedure for dispute resolution? La...
#MentorHours by Lawyered on 'Latest Developments in Arbitration in India'
Lawyered [https://www.lawyered.in/admin/] presents the next edition of #MentorHours [https://www.youtube.com/watch?v=gtKy5JAvZX4&list=PL-uyYxj7oSsIuO_aB-Nv5t63aAlYKhdbZ] on 'Latest Developments in Arbitration in India'. The webinar was conducted by Ms. Rashi Bansal [https://www.lawyered.in/lawyer-profile/rashi-bansal-1701/], Advocate and Founding ...
Arbitration Clause In An Unstamped Contract: Issue Of Enforceability
By Samar Inam Khan & Co-Author - Dolly Chouhan An arbitration clause is an indispensable feature of any contract because it lays down the conditions and rules of when and where the mode of arbitration will be used to solve conflicts rather than going to the court. Arbitration is a dispute resolution mechanism has several benefits as compared to c...
Arbitration & Covid 19 | Pre & Post COVID Scenarios
ARBITRATION & COVID 19 PANDEMIC: PRE & POST COVID SCENARIOS By Harshvardhan Abburi The COVID 19 pandemic has put a full stop on our daily activities. This has resulted in a lockdown at the world level. With the ongoing pandemic, it seems like its effect is not going to lessen for some more time. It has led to disruptions at all levels across the ...
#MentorHours by Lawyered on 'Dispute Resolution Mechanism for MSME and E-Commerce Business'
Lawyered [https://www.lawyered.in] presents the next edition of #MentorHours [https://www.youtube.com/results?search_query=%23MentorHours] on Dispute Resolution Mechanism for MSME and E-Commerce Business. The webinar was conducted by Mr. Rishabh Kapur [https://lawyered.in/lawyer-profile/rishabhkapur-220/], Advocate, Supreme Court of India. AS...
Can Covid-19 be considered a Force Majeure event?
[blob:https://www.lawyered.in/f408bb66-b4f9-48b0-b66a-d5c8157f1dab][blob:https://www.lawyered.in/f408bb66-b4f9-48b0-b66a-d5c8157f1dab][data:image/png;base64,iVBORw0KGgoAAAANSUhEUgAAAGkAAABrCAYAAAB0SqwxAAAgAElEQVR4AeS9BZRUV97uvWmggYJOQ+PBG3cIxDNxdyWZuDMkgeAO7U4L7hBiRCcuEw+ZuCcQPGgD3TTtWvb71rN3FTD55n3hrkwmd617WIdTferUkf3sv8sx/NlLLaC17qjVC/iBQGjVJgh1f...
Legal Quandaries of Electronic Evidence in India By Ashwinkumar Arulananthan and Jagruthi Reddy
Consider a case where an investigating officer recovers a compact disc from the possession of an accused person during a search conducted in his house. The Compact disc contains a vital conversation between two accused persons which would conclusively prove the existence of a conspiracy between them. However, the investigating officer could not fin...
Alternate Dispute Resolution By Akshat Dabral
INTRODUCTION Dispute resolution is the process of resolving the dispute between the transacting parties. In the process, a decision may be taken either in a friendly or adversarial manner, also, by parties themselves or involving a neutral third party. Majorly, dispute resolution can be classified as: * Traditional Dispute Resolution - The disp...
#MentorHours by Lawyered on 'Neutrality of Arbitration Tribunal'
Lawyered [https://www.lawyered.in/admin/] presents the next edition of #MentorHours [https://www.youtube.com/results?search_query=%23MentorHours] on 'Neutrality of Arbitration Tribunal'. The webinar was conducted by Adv. Dharmesh Misra and moderated by Adv. Siddhant Asthana [https://www.lawyered.in/lawyer-profile/siddhant-asthana-2530/] and Adv. P...
#MentorHours by Lawyered on 'Why Suit when there's an Alternative Route? Pros & Cons of ADR'
Lawyered [https://www.lawyered.in/admin/] presents the next edition of #MentorHours [https://www.youtube.com/results?search_query=%23MentorHours] on 'Why Suit when there's an Alternative Route? Pros & Cons of ADR'. The webinar was conducted by Advocate Angad Mehta [https://www.lawyered.in/lawyer-profile/angadmehta-105/] - Founding Partner, Atharva...
#MentorHours by Lawyered on 'Online Dispute Resolution: Post COVID Scope and Procedures'
Lawyered [https://lawyered.in/] presents the next edition of #MentorHours [https://www.youtube.com/results?search_query=%23MentorHours] in collaboration with LAWyersClubIndia [https://www.lawyersclubindia.com/] on 'Online Dispute Resolution: Post COVID Scope and Procedures'. The webinar was conducted by Advocate Shikhar Garg [https://www.lawyered....
Enforceability of Arbitration Clause In An Unstamped Agreement by Rahul Hingmire
The arbitration provision is an integral aspect of a contract whereby all conflicts between two parties that have entered into a contractual arrangement are settled via the arbitration process rather than through the courts. This is very positive for both companies and customers by ensuring a cost-effective conflict resolution solution. Businesses ...
Pre-Institution Mediation, A Panacea For COVID-19, Uncertainty By N Prashanth Chandra
Author - S N Prashanth Chandra > Understanding with an illustration T is the tenant by virtue of a tenured lease for 25 years running a paying guest hostel for students and working professionals. The terms of the lease stipulate a monthly rent of Rs 40,000.00 with a refundable deposit of Rs 4,00,000.00. T has spent several lakhs on the premises t...
Powers & Duties Of Arbitral Tribunal in India
Author - S N Prashanth Chandra Arbitral Tribunals have the power to pass Awards; it also has powers to pass interim award under Sec 31(6) of The Arbitration & Conciliation Act, 1996. INTERIM AWARD Interim Award is different from Interim measure granted by the Tribunal; while Interim measure is a measure granted by the Arbitral Tribunal in aid ...
Seat of the Arbitration Vs Venue of the Arbitration
AUTHOR BIO Suhael Buttan, Author Suhael Buttan is currently working as an associate at SKV Law Offices. He has obtained his B.B.A.LL.B (Hons.) degree from Symbiosis Law School, Noida (affiliated with the Symbiosis International University, Pune). Over the years, he has successfully handled an array of litigations and legal matters representing t...
Party not satisfied with arbitration decision can they proceed with court proceedings by Advocate Utkarsh Singh #AMALawyered
Lawyered [https://www.lawyered.in/admin/] presents Advocate Utkarsh Singh [https://www.lawyered.in/admin/lawyer-profile/utkarsh-singh-2052/], Senior Partner - Unitum Orbis, in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series by Lawyered. Situation: If a party is not satisfied with the arbitration d...
Arbitration better than court, charges of arbitration process by Advocate Utkarsh Singh #AMALawyered
Lawyered [../../../../../] presents Advocate Utkarsh Singh [../../../../../lawyer-profile/utkarsh-singh-2052/], Senior Partner - Unitum Orbis, in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series by Lawyered. Situation: Lawyered [https://lawyered.in/] - On a mission to help people feel legally emp...
How long does the arbitration process take place in India by Advocate Utkarsh Singh #AMALawyered
Lawyered [../../../../../] presents Advocate Utkarsh Singh [../../../../../lawyer-profile/utkarsh-singh-2052/], Senior Partner - Unitum Orbis, in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series by Lawyered. Situation: How long does the arbitration process take place in India? Lawyered [https://...
Possible Remedies for breach of Arbitration agreement by Advocate Utkarsh Singh #AMALawyered
Lawyered [../../../../../] presents Advocate Utkarsh Singh [../../../../../lawyer-profile/utkarsh-singh-2052/], Senior Partner - Unitum Orbis, in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series by Lawyered. Situation: What could be the possible Remedies for breach of Arbitration agreement? Lawy...
One party ignore arbitration agreement start court proceeding #AMALawyered by Advocate Utkarsh Singh
Lawyered [../../../../../] presents Advocate Utkarsh Singh [../../../../../lawyer-profile/utkarsh-singh-2052/], Senior Partner - Unitum Orbis, in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series by Lawyered. Situation: What can be done if one party ignores the arbitration agreement and wants to sta...
Party not satisfied with arbitration decision can they proceed with court proceedings by Advocate Sanjeev Kumar Sharma #AMALawyered
Lawyered [../../../../../] presents Advocate Sanjeev Kumar Sharma [../../../../../lawyer-profile/sanjeev-kumar-sharma-2309/], Partner, L&L Partners Law Offices, in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series by Lawyered. Situation: If a party is not satisfied with the arbitration decision can ...
How long does arbitration process take place in india by Advocate Sanjeev Kumar Sharma #AMALawyered
Lawyered [../../../../../] presents Advocate Sanjeev Kumar Sharma [../../../../../lawyer-profile/sanjeev-kumar-sharma-2309/], Partner, L&L Partners Law Offices, in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series by Lawyered. Situation: Lawyered [https://lawyered.in/] - On a mission to help peopl...
What if one party ignores arbitration agreement and wants to start the court proceeding #AMALawyered by Advocate Sanjeev Kumar Sharma
Lawyered [../../../../../] presents Advocate Sanjeev Kumar Sharma [../../../../../lawyer-profile/sanjeev-kumar-sharma-2309/], Partner, L&L Partners Law Offices, in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series by Lawyered. Situation: What can be done if one party ignores the arbitration agreemen...
Can party proceed with court proceedings after arbitration by Advocate Naman Saraswat #AMALawyered
Lawyered [../../../../../] presents Advocate Naman Saraswat [../../../../../lawyer-profile/naman-saraswat-414/], Maths Law Associates, in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series by Lawyered. Situation: Can the force Majeure clause be invoked in the current scenario amidst all the crisis of...
What if one party ignores arbitration agreement #AMALawyered by Advocate Naman Saraswat
Lawyered [../../../../../] presents Advocate Naman Saraswat [../../../../../lawyer-profile/naman-saraswat-414/], Maths Law Associates, in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series by Lawyered. Situation: What can be done if one party ignores the arbitration agreement and wants to start the c...
Can Derivative Claims Be Referred for Arbitration?
Author - Advocate Angad Mehta, Associate Author Anjana Sridharan WHAT ARE DERIVATIVE CLAIMS? Derivative claims are claims of such a nature that the shareholder derives their right to sue from their position as a shareholder of a company. The shareholder is suing, not for their direct, individual right, but to protect the interests of the company...
What is the purpose of an arbitration agreement by SKR Associates #AMALawyered
Lawyered [../../../../../] presents Advocate Rituparna Sanyal, Partner – SKR Associates [../../../../../], in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series by Lawyered. Situation: What is the purpose of an arbitration agreement? Lawyered [../../../../../../] - On a mission to help people feel...
Can a Company file civil lawsuit after signing arbitration agreement by SKR Associates #AMALawyered
Lawyered [../../../../../] presents Advocate Rituparna Sanyal, Partner – SKR Associates [../../../../../], in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series by Lawyered. Situation: Can a Company file a civil or commercial lawsuit after signing an arbitration agreement? Lawyered [../../../../.....
Do you have any recourse if you don't agree with arbitration decision by SKR Associates #AMALawyered
Lawyered [../../../../../] presents Advocate Rituparna Sanyal, Partner – SKR Associates [../../../../../], in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series by Lawyered. Situation: Do you have any recourse if you don't agree with a decision in arbitration? Lawyered [../../../../../../] - On a ...
#AskMyMentor - Arbitration as a career after law by Advocate Rashi Suri
Lawyered [../../../../../] recently launched its Webinar #AskMyMentor [https://www.youtube.com/results?search_query=%23AskMyMentor] series presents "Arbitration as a career after Law". The webinar was conducted by Advocate Rashi Suri [../../../../../lawyer-profile/rashi-suri-1736/], Managing Partner - Upscale Legal. She discussed various points an...
Dispute Resolution through MSME Act | Appeal Against MSME Order
DISPUTE RESOLUTION THROUGH MSME ACT Author - Nishant Nigam MSMEs serve as the backbone of India's economy. The significant organizations were traditionally only considered possible economic boosters, but now the situation has changed. Small and medium-sized companies (SMEs) are seen as the Indian economy's growth driver. There are more than 5.5 c...
Has COVID19 ushered in the realization that it's time for dispute resolution to go online? by Advocate Bhaven Shah #AMALawyered
Lawyered [../../../../../] presents Advocate Bhaven Shah [../../../../../lawyer-profile/bhaven-shah-2360/], on Has COVID19 ushered in the realization that it's time for dispute resolution to go online? in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series by Lawyered. Situation: "Has COVID19 ushered ...
At Last- Complete Neutrality
Author - Siddhant Asthana (Advocate) Arbitration is a mutually agreed alternate dispute resolution mechanism. Thereby in the matter of adjudication by way of Arbitration party autonomy was considered to be foremost, including in matter of nominating and appointing an arbitrator of their own choice. Over the years courts recognized and respected th...
Shareholders Derivative Actions in Arbitrations
Author - Vivek Tanwar WHAT IS A DERIVATIVE CLAIM? When a shareholder is outvoted by a majority which is acting against the interest of the company or when a director or group of shareholders , are acting for their own benefit or being partial to the interests of a selected third party or parties. In cases of this kind minority shareholders can...
All about MSMEs: From Registration to Dispute Resolution by MSMEC
Author - Advocate Pallavi Parmar Indian economy had been driven and dominated by agriculture. At present, much of it is promoted by creativity, technology, and products produced by micro, small, and medium-sized enterprises. [https://www.lawyersclubindia.com/img/preview/paidnfree/Hnck2.jpg]While the nation's growth story has been guided by agricul...
Justice in 2020: BC (Before Corona), DC (During Corona) and AC (After Corona)
Author - Bhaven Shah & Mehak Vohra The human race could never have imagined the devastating impact of a virus that has managed to bring majority of nations across the world, their citizens and their economies to a grinding halt. This deadly virus spared none and even managed to knock the doors of our judicial system, and drove us to categorize ‘es...
#AMA Session Arbitration By Advocate Vinayak Srivastava
Alternative Dispute Resolution – #AMA by Vinayak Srivastava [../../../../../lawyer-profile/vinayaksrivastava-1500/] Welcome to AMA session powered by Lawyered. I am Vinayak Srivastava, Advocate Delhi high court, I have been into, litigation, arbitration and, dispute resolution, uh, for more than 11 years of experience. Now coming down to the quest...
Disputes Are Inexorable But Combat Is Optional
With the rapid globalization of the economy and the resulting increase in competition, there has been a significant increase in commercial disputes. The outpaced rate of development has led to an increase in industrial growth, modernization, improved socio-economic circumstances, technological development which in turn has led to an increase in cas...
What is Arbitration
Author - Associate Shereen Abdin Arbitration agreements are everywhere nowadays, and chances are you have marked a couple without acknowledging it. You may have consented to parley debates when you clicked "concur" to a product permit or when you bought customary merchandise or administrations. Be that as it may, what happens when an intervention...
#AMA Session ADR By Advocate Vivek Tanwar
Alternative Dispute Resolution – #AMA by Vivek Tanwar Good Evening Everyone welcome to the session of Ask Me Anything brought to you by the famous people who are looking into this field of spreading the knowledge about law the Lawyered. I am Advocate Vivek Tanwar, I've been into practice since the past 19 years plus. My core area of practice is Cr...
Arbitration: Alternative Dispute Resolution by Advocate Amit Lathkar
Author - Advocate Amit Lathkar Recently, while discussing a proposed litigation case, a client of mine casually asked me “Is there any way to save on the hefty legal fees and obviously… save on time?” A startup owner in his late 20s, he was clear about how to spend his valuable time and money. “Of course there is… You can refer your case to an ...
MSME Facilitation Council | Jurisdiction & Dispute Resolution
MSME FACILITATION COUNCIL - JURISDICTION & DISPUTE RESOLUTION Author: Advocate Nishant Nigam and Associate Ankit Ahuja 1. Any Micro or small enterprise having valid EM Part -II /UAM can apply to a ‘Micro and Small Enterprises Facilitation Council’ of a the state having jurisdiction to entertain the matter regarding dispute resolution whe...
Benefits Of Arbitration for Commercial Disputes in India
Benefits Of Arbitration for Commercial Disputes in India Author: Advocate Nishant Nigam [https://www.lawyered.in/lawyer-profile/nishantnigam-27/] and Associate Shreya Negandhi Disputes are inexorable but combat is optional. With the rapid globalization of the economy and the resulting increase in competition there has been a significant increase...
Why Arbitration as a Dispute Resolution Mechanism?
Why Arbitration as a Dispute Resolution Mechanism? Author - Nishant Nigam [https://www.lawyered.in/lawyer-profile/nishantnigam-27/] Background The common phrase we hear is “Justice delayed is justice denied’’. It is a legal maxim meaning that if legal redress is available for a party that has suffered some injury, but is not forthcoming in a tim...
Alternative Dispute Resolution
Alternative Dispute Resolution {The article aims to provide information on: powers of arbitral tribunal in India, powers of arbitral tribunal under arbitration and conciliation act, 1996, powers of arbitral tribunal} Background The common phrase we hear is “Justice delayed is justice denied’’. It is a legal maxim meaning that if legal redress is...
A Guide To Effective Dispute Resolution For HR
A Guide To Effective Dispute Resolution For HR In this competitive world, working with people coming from different backgrounds, and of different age groups, varying experience, we’re likely to have different set of values, needs, and goals and opposite interests. If there can be disputes between family members, friends and acquaintances, workpl...
The 3 Major Types Of Dispute Resolution
While it means exactly what it sounds like, dispute resolution is in fact a broad category of processes that two parties at odds with each other can utilize to put matters to rest. There are numerous types of dispute resolution processes, but the three major and most commonly confused ones are mediation, arbitration and litigation. Dispute resolut...
A Struggle To Power: The Incredible Dispute Resolution Case Of Justice Brett Kavanaugh
Whether you sit on the side of the Trump administration, or stand firmly against it, one thing is for certain - the President’s actions have been mired in controversy. The most recent of which, involved appointment of Supreme Court Justice Brett Kavanaugh, amidst claims of sexual misconduct. Kavanaugh’s accusers split the public down the middle, th...
How To Avoid Lengthy Dispute Resolution In Indian Courts
Still vastly manual and file-based, the Indian legal system is burdened with cases stacked ceiling high. With this tremendous backlog of clients waiting for dispute resolution, the legal process can stretch on for years, coercing clients into numerous court visits and unwarranted legal fees. For businesses, this process is even lengthier! Even tho...
Searching for a lawyer for dispute resolution?
Disputes are a fact of the present day business world and understanding and dealing with it in a professional manner has never been more important. Dispute resolution, as self defining as it is, is the process of resolving dispute between two parties. Dispute resolution lawyers help their clients in settling business related disputes in the most fa...
5 Common Business Disputes That Can Be Easily Avoided
What makes a smart manager stand apart from a manager is his vision and realistic bend of mind. All managers know that common business disputes , which go on to become expensive legal suits , keep the potential of damaging reputation of the business , almost breaking fiduciary relationships and taking away from the business a lot of vital resources...
Snapdeal Founders Summoned for Stealing Marketing Concept
New Delhi, Apr 16 (PTI [http://www.ptinews.com/news/8611894_Snapdeal-founders-summoned-for-usurping-marketing-concept.html]) E-commerce major Snapdeal's CEO Kunal Bahl and two others have been summoned by a Delhi court on a criminal complaint of an entrepreneur who alleged that his idea of connecting sellers and buyers through an e-platform was una...
9 most hyped Startup legal battles
The startup universe is unpredictable. Things rarely ever stay the same for long here. One moment everything seems fine, the other a startup finds itself in the middle of a dispute and/or a legal battle. It has become a norm for most startups to have run ins, either with competitors, investors, governments or amongst themselves. Seems like these bu...
How can startups avoid court litigation: 5 ways to resolve disputes.
“IF LONGEVITY OF LITIGATION IS MADE AN ITEM IN OLYMPICS, NO DOUBT THE GOLD WILL COME TO INDIA”- NANI PALKHIVALA (ONE OF THE GREATEST LAWYER-JURIST OF OUR COUNTRY) No body likes court litigation. You do not. We do not. All of us will do anything to avoid it. However, once there is a dispute, it is difficult to convince the opposite party to avoid c...
CCI rejects complaints of unfair practices against Ola, Uber
NEW DELHI: Competition Commission has rejected allegations of unfair business ways against taxi hailing apps Ola and Uber after finding no evidence of anti-competitive practices by them in the national capital. Separate complaints were filed by rivals M...