Alternate Dispute Resolution (ADR) denotes a wide range of dispute resolution processes that act as a means for the disagreeing parties to reach an agreement short of litigation. ADR can be further classified into various types, two of which are Mediation and Arbitration. The procedure followed in both arbitration and mediation is quite different. To understand the consequences when a party refuses to participate […]
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A settlement is a form of an agreement which is reached at between two feuding parties during the process of mediation or conciliation. These agreements once signed by both the parties are binding. Usually, the parties make an attempt to arrive at a settlement through these processes as it saves court fees and other costs and time required for litigation. Neither party has […]
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With arbitration being increasingly preferred to resolve commercial disputes, third-party funding [‘TPF’] has become a widely debated concept as a possible remedy for the excessive costs attached to the arbitral process. The costs in an arbitral process generally include fees of the arbitrators, expert fees, fees of the counsel, institutional fees, security costs, and other legal costs. However, unlike litigation […]
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A unilateral option clause (UOC) is a dispute resolution clause which gives only one party the discretion to elect a specific dispute resolution method – most often, between arbitration and litigation. Some UOCs also allow one party to pursue litigation in multiple jurisdictions, while restraining […]
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Today, arbitration has gained a lot of importance as a cheap and fast alternative to settle complicated commercial disputes. In so many matters, however, a lot of time is lost to decide as to where the actual arbitration proceedings would take place. Even though most of the time, stipulations such as the seat and venue […]
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It is a settled principle of law that Arbitrators and Arbitration tribunals are not bound by the rules of the Code of Civil Procedure, 1908 and the Indian Evidence Act, 1872. But the courts have time and again clarified that this statutory exemption cannot exempt them from the duty to conform with the principles of natural justice. Recently the Bombay High Court […]
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A xyresic advocate is one who has a sharp mind. Dispute resolutions often call for situations that require one to quickly come up with solutions to problems that arise. An advocate who can think clearly […]
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