The Constitution of India spells out egalitarian urges with socio-economic goals, imposing upon all the organs of the State the responsibility to promote the Constitutional ethos and the goals. The existence of a properly functioning justice system increases citizens’ confidence and their willingness to bring disputes to court. Unfortunately, the picture of the Indian legal […]
Institutional arbitration in India is fledgling, evolving and yet to reach a stage to successfully address industry concerns. A cultural shift is inevitable for institutional arbitration to be successful in India. In order to keep pace with the rest of the developed and developing world, there is an urgent need to popularize institutional arbitration in […]
The legal system in India is viewed by many as part of ‘colonial legacy’. It has withstood many challenges in the last century. With the changes happening all over the country, increasing population, the mounting pressure of all sorts of cases, civil, criminal, revenue, industrial, has increased leaps and bound and cases remain undecided and […]
Institutional arbitration, is the process by which the process of arbitration is conducted by a specialized institution. A specialized institution takes up role of administering the arbitration process. Each institution has its own set of rules which provide a framework for the arbitration, and its own form of administration to assist in the process. Essentially, […]
Institutional arbitration is the need of the hour. It is and will always be better than ad-hoc arbitrations. Everybody and their mother know it; especially lawyers. There is a plethora of articles, books and papers on the subject that confirm the same. In short, institutional arbitrations tend to be better regulated and therefore, less inefficient […]
“The law of arbitration simple, less technical and more responsible to the actual realities of the situation, but must be responsive to the canons of justice and fair play and make the arbitrator adhere to such process and norms which will create confidence, not only by doing justice between the parties, but by creating a […]
Arbitration is considered to be an alternative to the Adversarial system of Court litigation on account of being a convenient, progressive and cost efficient method of resolving disputes. However, in India, it is the absence of the aforesaid that has sidelined Arbitration as an option for parties intending to resolve domestic and international disputes. Parties […]
INTRODUCTION Arbitration and Mediation are the forms of Alternative Dispute Resolution. As the work in the courts is full of busy schedule and burden is there with the increasing numbers of cases, it is in need that some alternative ways for disputes may be used. These are alternative to litigation. Gandhi ji said: “I had […]
New Delhi: The Indian National Bar Association (INBA), New Delhi, India, and the Court of Innovative Arbitration (COIA), Munich, Germany, have joined forces offering both Indian and foreign parties speedy and cost-efficient dispute resolution through a specific approach to administering and conducting commercial arbitration. As can be ascertained from its web site, the arbitration experts at […]
The law ministry, which is considering bringing a stand-alone legislation on the Bail Act to limit the discretion of courts, has already referred the matter to the Law Commission. Acknowledging that the poor face difficulty in getting bail in the present justice delivery system for want of legal assistance and money, Law Commission chairman Justice […]
Union Budget 2016-17 Infra & Rural focus will generate domestic demand Hon’ble Finance Minister Shri Arun Jaitley presented his third Annual Budget 2016-17. With an eye on supporting the small tax-payer and the small investor, the Hon’ble Minister announced a number of schemes and small income tax exemptions. With a total plan outlay of Rs. […]
India will be the world’s fastest growing large economy at 7.3 per cent in 2016, improving further to 7.5 per cent in the following year, a United Nations world economy report said on Friday. “India’s economy, which accounts for over 70 per cent of South Asia’s GDP, is projected to grow by 7.3 per cent […]