Lawful Talks

A Legal Blog by Prerna Foundation

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Arbitration

What we can learn from the Italy style of first ADR then litigation style of hearing cases?

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.

Alternate Dispute Resolution in IPR Disputes

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 →

White Industries v/s Republic Of India

Investment Arbitration in India is undergoing a sea of change as the bilateral treaties entered into have broad ambiguous provisions which enable the foreign national to bend and mould the provisions according to their whims and fancy. If the government… Continue Reading →

The United Nations Commission on International Trade Law

The Government of India felt that its economic reforms might remain incomplete if corresponding changes were not brought in laws relating to settlement of disputes, especially through arbitration and conciliation. Thus need to reform arbitration law become necessary. The United… Continue Reading →

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.

Indian Council of Arbitration

The rules of Indian Council of Arbitration will apply where the parties decide that – Either a dispute has arisen, or A dispute is likely to arise and such a dispute, either contractual or not, will be settled under the… Continue Reading →

Arbitration vs. Litigation

People no longer recognize themselves as belonging to one particular country nowadays as the notions of traditional nationalism is dwindling day by day. ‘Global Citizens’, ‘Global Communities’…these are some of the terms people like to attribute themselves to. With the… Continue Reading →

Arbitration and Conciliation (Amendment) Act, 2015: Why is there a need for such an amendment?

India has long been seen as the dark sheep in the field of Arbitration, both international and domestic. Even with the coming of the Arbitration and Conciliation Act, 1996, no significant improvement was seen at the dismal rate at which… 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 →

#CaseComment – White Industries Vs. Republic Of India

Investment Arbitration in India is undergoing a sea of change as the bilateral treaties entered into have broad ambiguous provisions which enable the foreign national to bend and mould the provisions according to their whims and fancy. If the government… Continue Reading →

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