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Arbitration
What is Intellectual Property? Human intellect is a gift of man which contributes to the growth and development of the nation. Intellectual Property refers to a property created through the intellect. However, due to many conflicts arising out of the mixture of intellects, Intellectual property disputes arise. It has received central importance globally in past...
ADR or Alternative Dispute Resolution has been around since the 1980s. To keep firms out of court and away from the type of litigation that devastates winners almost as much as losers. Over the next few years, more than 600 multinational organizations embraced the Center for Public Resources’ ADR policy statement, and many of them...
Arbitration is a method of resolving disputes. Instead of a third party helping disputing parties find common ground, arbitration. It entails a binding ruling that puts an end to their disagreement. In arbitration, the parties give the arbitrator the authority to decide the issues. Each of the parties to a dispute accepts the decision of...
What is ODR? From the last two decades, we have primarily seen two reforms in the legal system. The first reform focuses on improving the judiciary’s efficiency at resolving disputes. The second reform aims at reducing the entry of disputes in the courts. The United Nations Commission on International Trade Law Online Dispute Resolution Working...
What is Arbitration? Arbitration is a legal procedure in which parties resolve disputes outside of the court system. In addition, it is a less formal way of dispute resolution. The World Intellectual Property Organisation defines arbitration as a procedure in which there is[1]: submission of disputeagreement of partiesarbitrators make a binding decision in the dispute...
What is International Commercial Arbitration? “International commercial arbitration” has three elements. First is that there is an arbitration agreement; secondly; the arbitration is international as opposed to domestic in character, and thirdly it relates to commercial matters. An arbitration is international in character if – a) the parties to an arbitration have, at the time...
The undergoing of technical revolutions have dwarfed the industrial revolution in more than one way. The advent of Artificial Intelligence (AI) is affecting the legal industry as well, with the chance of a digital judge arriving in the upcoming years. However, law firms are already experiencing the effects of AI on arbitration.  Generally speaking, humans...
Arbitration is an Alternative Dispute Resolution (ADR) mechanism. The increasing burden of pending cases has necessitated its adoption. It seeks to provide an alternative solution to dispute adjudication outside the courtroom structure. The Arbitration and Conciliation Act, 1996 (Act) governs the entire gamut of cases submitted to arbitration. Over time, the world has progressed to...
Owing to the nature of humans usually, conflicts and disputes are inevitable. Hence the need for the existence of dispute resolution mechanisms in order to prevent anarchy in society. Court litigation is the usual method for dispute resolution in most states. But the deficiencies of the system have prompted the increasing use of alternative dispute...
In a path-breaking judgment, the Supreme Court has observed that pre-deposit clauses to invoke arbitration would clog the arbitral process ineffective and make it expensive. In the case of M/s. Icomm Tele Ltd. Vs. Punjab State Water Supply & Sewerage Board & Anr a bench comprising of Justice R.F. Nariman and Vineet Saran struck down...
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