LexADR Dec 9, 20203 minPOSITION OF ANTI- ARBITRATION INJUNCTION LAW IN INDIANiyati Bhogayta, 5th year, ILS Law College, Pune Meaning: An anti- arbitration injunction seeks to prevent the initiation or continuation...
LexADR Oct 25, 20206 minAPPLICABILITY OF SECTION 29A: PROSPECTIVE OR RETROSPECTIVE?Bhavana Chandak, Associate, Kachwaha & Partners & Adv. Shaurya Dhoundiyal Introduction Section 29A of the Arbitration and Conciliation Ac...
LexADR Oct 16, 20207 minARBITRAL AWARDS AFFECTED BY FRAUD – THE NEED FOR A DISTINCT LIMITATION PERIODNabeel Wasim Malik, Graduate, Symbiosis Law School, Pune Introduction §34(3) of the Arbitration and Conciliation Act 1996 (“ABC Act”) pro...
LexADR Oct 15, 20207 minTHIRD PARTY FUNDING; CONCEPT, CONTEMPORARY RELEVANCE AND NEED FOR REGULATIONPallavi Modi and Priyal Reddy, 5th Year, National Law Institute University, Bhopal ABSTRACT Commercial Arbitration as a means of dispute ...
LexADR Oct 15, 20206 minRE-ASSESSING RESOLUTION MECHANISM FOR RERA DISPUTES: A COMPELLING CASE FOR RERA CONCILIATION FORUMS Shubham Joshi, Associate, Rab & Rab Associates LLP The Real Estate (Regulation and Development) Act, 2016 (“Act”) supported by its Rules w...
LexADR Aug 22, 20207 minSIGNIFICANCE OF CONSENT TO MEDIATION/CONCILIATIONPiyush Rewatkar, 5th year, Maharashtra National Law University, Nagpur ABSTRACT Nowadays because of the hectic nature of the litigation,...
LexADR Aug 17, 20207 minPre-litigation Mediation- The Future in IndiaDivyansh Bhargava, 3rd year, Nirma University, Ahmedabad INTRODUCTION The Indian judiciary is one of the principal organs of the Indian d...
LexADR Aug 9, 20207 min A Critical Analysis Of S.29A And The Controversy Related To It Amidst The Covid-19 PandemicVejayalakshmi Puli(3rd Year) & Nasima Abidi(2nd Year), Gujarat National Law University, Gandhinagar Abstract Through this article, the au...
LexADR Aug 2, 20206 minLAW, ORDER & ADR AMID CRISIS: DISPUTE RESOLUTION IN POST COVID-19 ERAAashna Duggal, 4th year, VIPS, IP University, New Delhi Introduction Having been witnessing the current COVID crisis so closely, it would...
LexADR Jul 8, 20205 minWILL THE SINGAPORE MEDIATION CONVENTION BE ENOUGH TO REVAMP THE INDIAN MEDIATION LANDSCAPE?Tushar Behl, School of Law, University of Petroleum and Energy Studies. Introduction Alternative Dispute Resolution (“ADR”) has come a lo...
LexADR Jun 25, 20205 minAPOLOGY AS AN ALTERNATIVE DISPUTE RESOLUTION IN JAPANFalguni Gupta, 4th Year, Hidayatullah National Law University, Raipur The notion of apology and wrongdoings is very much related, because...
LexADR Jun 23, 20206 minDISCOVERING POTENTIAL IN SMART CONTRACTS AND BLOCKCHAIN TECHNOLOGYPrapti Allagh, 4th Year, School of Law, UPES, Dehradun. Smart Contracts have gained popularity not only in the legal world but also among...
LexADR Jun 22, 20206 minIS SOFT LAW THE WAY TO REGULATE PROCEDURE IN INDIAN ARBITRATIONAdv. Rijul Dubey & Adv. Srijan Jha In another push towards institutionalization of arbitration, the New Delhi International Arbitration C...
LexADR Jun 21, 20205 minFORCE MAJEURE IN INTERNATIONAL CONTRACTS DURING COVID 19:TRENDS IN EXISTING LAWS AND ARBITRATIONAdv. Manisha Chava and Adv. Parita Goyal COVID-19 has been declared as a Public Health Emergency of International Concern (PHEIC) by the ...
LexADR Jun 20, 20206 minPOWER OF A COURT UNDER SECTION 34 OF THE ARBITRATION ACT: MCDERMOTT A CASE PLAGUED WITH PERPLEXITIESNiyati Bhogayta, 4th year, ILS Law College, Pune. The object of arbitration is to ensure an effective, quick and consensual decision-maki...
LexADR Jun 19, 20206 minPATENT ILLEGALITY: A NEW PUBLIC POLICY CONSIDERATION TOWARDS NON-ARBITRABILITY?Anurag Mohan Bhatnagar & Manvendra Shekhawat, 2nd Year, National Law University Odisha. Background: On 23rd May, 2020 a constitution benc...
LexADR Jun 18, 20206 minWHETHER THE SEAT Vs. VENUE DEBATE FINALLY SETTLED OR HAS IT GIVEN BIRTH TO ANOTHER DEBATE?Mahip Singh Sikarwar, Dispute Resolution Lawyer, DSK Legal Introduction Arbitration as a concept was conceived much earlier by ways of me...
LexADR Jun 11, 20205 minUN-ENFORCEABILITY OF FOREIGN AWARDS IN INDIA: SUPREME COURT REVISITS THE SCOPE OF PUBLIC POLICYShanelle Umarwadia, 5th year, Institute of Law, Nirma University, Ahmedabad. Excerpt: The Apex Court has the power to reject enforcing fo...
LexADR May 29, 20204 minSECTION II(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND THE DILEMMA REGARDING ITS STANDING.Arushi Bhagotra, 1st year, National Law Institute University, Bhopal Introduction: With the evolution of time and legal systems, the nume...
LexADR May 7, 20209 minOUTLINING THE FRAMEWORK OF VIRTUAL ARBITRATION HEARINGS IN TIMES OF A PANDEMICVivek Joshi & Rohan Gulati (Symbiosis Law School, Hyderabad). This article was first published by LiveLaw. I. INTRODUCTION In the wake of...
LexADR Dec 9, 2020 3 min POSITION OF ANTI- ARBITRATION INJUNCTION LAW IN INDIA Niyati Bhogayta, 5th year, ILS Law College, Pune Meaning: An anti- arbitration injunction seeks to prevent the initiation or continuation...
LexADR Oct 25, 2020 6 min APPLICABILITY OF SECTION 29A: PROSPECTIVE OR RETROSPECTIVE? Bhavana Chandak, Associate, Kachwaha & Partners & Adv. Shaurya Dhoundiyal Introduction Section 29A of the Arbitration and Conciliation Ac...
