Lawful Talks

A Legal Blog by Prerna Foundation

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Dispute Resolution

Development Relating to ADR in India

In countries like US, UK, Canada, Australia and New Zealand, all have opted for rigorous case management of civil litigation and that all consider that ADR has a role to play. It is true that the US has gone much further than others, while Australia and Canada are following fast.

#Infograpghic – Benefits of #Mediation

Mediation is a dynamic, structured, interactive process where a neutral third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation… Continue Reading →

Ten Questions Not To Ask In Cross-Examination In #InternationalArbitration

No one can deny the increasing importance of international arbitration in today’s connected business world. Because arbitration awards are much easier to enforce abroad than domestic court judgments are, and due to the perceived neutrality of international arbitration compared to… Continue Reading →

Part 2: Becoming a #Mediator

Part 2: Becoming a Mediator Understanding road map to become a Mediator. What is mediation? Mediation is a technique of facilitating dialogue or discussion between disputing parties with a neutral third party i.e. a mediator, for bringing a mutual resolution… Continue Reading →

Part 1 – Becoming a #Mediator

Part 1: Becoming a Mediator Understanding road map to become a Mediator. What is mediation? Mediation is a technique of facilitating dialogue or discussion between disputing parties with a neutral third party i.e. a mediator, for bringing a mutual resolution… Continue Reading →

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 →

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 →

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 →

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 →

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