The 2018 amendment to the Commercial Courts Act 2015 brought in a new era of pre-institution mediation in India in resemblance of the opt out mechanism of mediation and ADR present in Italy and such other EU countries. The Indian model can develop a lot from learning from this already tried out legislations and their considerable success rate, along with helping the courts of law in their litigations and pendency of cases, thereby observing proper disposal of right to access of justice of an individual.
With growing trade and the inventive process taking place at a global scale demand for hastier resolution of disputes is required in the field of IPR. Issues ranging from ownership to jurisdiction arise frequently. The use of ADR for speedier… Continue Reading →
DEBT MEDIATION is a Mediation between Creditors and Debtors , and the same can be much effective if we creating a pool of DEBT MEDIATORS, and by expediting with global standards, process and programmes, in consultation with national rules and regulations in the backdrop of general mediation practices.
Over the last 10 years, there has been major movement in the field of conflict management. Science has shown us that there are key differences between disputes and conflicts, and that each of these phenomenon must be treated differently. As… Continue Reading →
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 →
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 →
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 →
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 →
Who could imagine heightened emotions go together with conflict? Mediators, attorneys, and other legal practitioners get the closest look at this pairing during most of their work. Surprisingly, the topic is often only given a cursory treatment during training; with… Continue Reading →
Mediation is a party – centric and structured negotiation process where a neutral third party assists the parties in amicably resolving their dispute by using specialized communication and negotiation techniques. Mediation is also voluntary. The parties preserve the… Continue Reading →
When it was observed that corporates preferred alternative methods to dispute resolution, there has been a new addition to the Companies Act of 2013 namely, mediation and conciliation. For the purpose of conciliation and mediation, individual states have their own… Continue Reading →
When it comes to board room brawls or in the case of two competitors being in tussle over any issue regarding their respective companies, it can be observed that tempers are usually flared and the corporate entities do not mind… Continue Reading →
In an increasingly intangible world, where there are more websites than shops and brick and mortar establishments as well as more and more corporate entities preferring to deal online rather than offline, it has become quite imperative that they are… Continue Reading →