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Lawful Talks

A Legal Blog by Prerna Foundation

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February 2018

Confidentiality In International Arbitration

One of the main reasons why arbitration is preferred over litigation is because of the confidentiality of proceedings and the award. It maintains the autonomy of the parties and prevents them from unwanted publicity. However, many international rules and national… Continue Reading →

Summon Cases Vs. Warrant Cases

In Criminal Procedure Code (CrPC) 1973, criminal cases are divided into summon cases and warrant cases. This categorisation of criminal cases has been done intentionally because the procedure of trial in the two cases is different as the seriousness of… Continue Reading →

London Court Of International Arbitration

The London Court of International Arbitration (LCIA) is one of the world’s leading international institutions for commercial dispute resolution. The LCIA provides efficient, flexible and impartial administration of arbitration and other ADR proceedings, regardless of location, and under any system… Continue Reading →

Third Party Funding In International Arbitration

Arbitration has always been promoted as one of the alternative mechanisms of dispute resolution providing parties with many advantages over litigation. At the same time, it is now commonly accepted that lower costs are no longer one of such advantages… Continue Reading →

Active Listening in Mediation

The object of active listening in conflict resolution is to acquire and demonstrate understanding of the other, which will serve as a basis for reaching joint decisions and resulting in resolving a conflict. In order to succeed in this, active… Continue Reading →

Is Alternative Dispute Resolution The Only Way ?

Alternate Dispute Resolution (ADR) is a term that is used for describing a wide array of practices, the purpose of which is to manage recent issues of legal importance at a quicker and economic way than a time-consuming and expensive… Continue Reading →

Advancement of Arbitration in India

The existence of an organised society presupposes the existence of law. Human being is a state of nature that was governed by the law of nature based on reason. All human problems and disputes were then determined by moral laws…. Continue Reading →

Euthanasia And The Concept Of Living Wills

Euthanasia is the painless killing of oneself, voluntarily, due to suffering of terminal illness or like diseases. It is of two kinds: active and passive euthanasia. While active euthanasia allows a person to voluntarily kill himself through the directed use… Continue Reading →

Legislations Recommending Arbitration As A Dispute Resolution Mechanism

Arbitration has proven to be cost and time effective in settling legal disputes. It complies to all the principles of justice and also releases a humongous workload from the “over-burdened” Justice administration system of India. The below discussed are the… Continue Reading →

Why did Indian Government cancel 58 Bilateral Investment Treaties?

Bilateral Investment Treaties (BITs) provide for the promotion and protection of investments by one country’s investors in the other. Such a promotion of investment is obviously reciprocal in nature. Although these agreements take place between different governments, the ultimate beneficiaries… Continue Reading →

E-Contracts in India

A contract, in layman’s language, is a lawful agreement between two or more people, to do or to refrain from doing something and in return avail a benefit, called the ‘consideration’, which is normally in the form of money. Due… Continue Reading →

Is Alternate Dispute Resolution The Only Way ?

Alternate Dispute Resolution (ADR) is a term that is used for describing a wide array of practices, the purpose of which is to manage recent issues of legal importance at a quicker and economic way than a time-consuming and expensive… Continue Reading →

Lack of Awareness in Arbitration: The Indian Scenario

Arbitration is a form of ‘alternative dispute resolution’ that has been widely promoted by all the three organs of the State for speedy and efficient delivery of justice and yet, only a few know of its advantage over the traditional… Continue Reading →

ADR Movement in USA

In today’s modern world, most of the population knows the problems which face our civil justice system are not unique to India but there is little knowledge about what is happening in the rest of the world. In the United… Continue Reading →

Judicial Activism vs. Judicial Review

Introduction Judicial Review refers to the power of the judiciary to review and determine the validity of a law or an order while Judicial Activism refers to the use of judicial power to articulate and enforce what is beneficial for… Continue Reading →

Bail

Introduction Bail is the release of a person from prison who is awaiting trial or an appeal by depositing any form of security to ensure his submission at the required time to legal authority. The monetary value of the security,… Continue Reading →

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