For the benefit of Micro and Small Enterprises (MSEs), the MSMED Act includes a special dispute resolution procedure. The major characteristic of this framework and the legal standpoints with precedents are explained in this article.
Category Archives: Alternative Dispute Resolution
MEDIATION BILL 2021
What is Mediation? Mediation is one of the most common types of alternative dispute resolution (ADR). In this process, a neutral third party acts as a facilitator to assist the parties in resolving their differences and coming to an agreement. A mediator is a third party who remains neutral and objective while facilitating a settlementContinue reading “MEDIATION BILL 2021”
Arbitral Award: The Road to Reducing Judicial Intervention in Arbitration
An Arbitration Award is essentially a decision issued by an Arbitration Tribunal in an arbitration procedure and is comparable to a judgement issued by a court of law. Nonetheless, the aggrieved party may use of the remedies provided against arbitral rulings on specific reasons. Section 34 of the Arbitration and Conciliation Act of 1996 addressesContinue reading “Arbitral Award: The Road to Reducing Judicial Intervention in Arbitration“
International Arbitration of Intellectual Property Disputes with special emphasis on Validity Issues
Intellectual property (IP) litigation is widely perceived to be highly complex, unpredictable, and expensive. IP litigation is also frequently international in scope, involving IP rights emanating under the laws and procedures of multiple jurisdictions. Arbitration offers many obvious advantages over national courts and administrative agencies for resolution of these disputes, including the ability toContinue reading “International Arbitration of Intellectual Property Disputes with special emphasis on Validity Issues”
INDIA AS A HUB OF INTERNATIONAL COMMERCIAL ARBITRATION: THE CHALLENGES
International commercial arbitration is a very big aspect of dispute resolution because most of the disputes are settled under its ambit. Thus, it is one of the very important fields where India as a country needs to be ahead. India needs to be a hub of international commercial arbitration, to succeed in the field. Thus,Continue reading “INDIA AS A HUB OF INTERNATIONAL COMMERCIAL ARBITRATION: THE CHALLENGES“
Resolving Energy Disputes Through Arbitration
The energy sector began to develop in the first half of the 20th century and grew rapidly ever since then. The energy sector is extremely crucial in the development of a country’s economy but is also a key contributor to global warming. Yet due to its commercial and economic significance, it isn’t uncommon to seeContinue reading “Resolving Energy Disputes Through Arbitration“
E-CONTRACT: EVOLUTION FOR POSTMODERN
Electronic commerce is one of the byproducts of the 21st century’s economic substance, but what about contracts and all of that paperwork that used to happen? We could see new things that were unimaginable once, whether it was a paperless budget or paperless courts. But what about a paperless contract? Isn’t it a reality yet?Continue reading “E-CONTRACT: EVOLUTION FOR POSTMODERN”
RES JUDICATA: THE RULE OF CONCLUSIVENESS
WHAT IS RES JUDICATA? The Principle of res judicata is enshrined under Section 11 of the Code of Civil Procedure, 1908. This principle or rule is also called as the “rule of conclusiveness”. It provides that a matter once finally decided by a competent Court, no party can reopen it in a subsequent litigation. It was heldContinue reading “RES JUDICATA: THE RULE OF CONCLUSIVENESS”
ARBITRATION AGREEMENT- ANALYSIS AND LEGAL ASPECT
An Arbitration agreement is characterized in Section 7 of the Arbitration and Conciliation Act 1996. An Arbitration agreement is a contract between two or more parties to yield the Arbitration in a particular debate that should be settled down between the parties. This assertion may be a lawfully official contract. Consolidation of rules chosen withContinue reading “ARBITRATION AGREEMENT- ANALYSIS AND LEGAL ASPECT”
RECENT TRENDS IN MERGER AND ACQUISITIONS
In the past decade, Mergers and Acquisitions have taken over the corporate sphere globally and in that India is not far behind achieving greater mobilization of economy, especially after the removal of constructive arrangements and liberalisation of the Indian economy. Mergers and acquisitions are those strategic tools which help in the development of the economyContinue reading “RECENT TRENDS IN MERGER AND ACQUISITIONS”
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