Category: ADR
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Arbitration Agreements and Insolvency Proceedings – An unresolved conflict
Introduction The National Company Law Tribunal (“NCLT”) Mumbai Bench, on 9th June 2020, in the case of Indus Biotech Private Limited v. Kotak India Venture Fund-I, referred the case to Arbitration, while refusing to admit the application filed u/s 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”). It has raised very important questions in…
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The necessity of Mediation amid Pandemics
The sluggish arrangement of Justice Delivery in India has proved to be inadequate with superfluous deferrals and over the top costs making access to Justice for common people troublesome[1]. This process has made a gigantic build-up of pending cases. For eg. according to the National Judicial Data Grid, there are more than 88 lakh cases…
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Section 26 of the Arbitration Act: Conflicting Views on Stay of Arbitral Award
The 2015 amendment to the Arbitration and Conciliation Act, 1996 which came into force from 23.10.2015 also brought with itself a host of controversy. This controversy had arisen because of the conflicting views taken by various High courts while interpreting Section 26 of the amendment Act and thereby affecting the position on the stay of…
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Detriments and Requirements of Indian Arbitration Mechanism
What is Arbitration? Arbitration is one of the Alternative Dispute Resolution in which the neutral third party makes the binding decision in a dispute between the parties. As per International Chamber of Commerce (ICC), arbitration is a dispute resolution mechanism that provides diverse users worldwide with a neutral forum, a uniform system of enforcement and…
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Exploring the scope of Alternate Dispute Resolution in India
“It is the spirit and not the form of law that keeps the justice alive.” – LJ Earl Warren Alternative Dispute Resolution is alternate machinery devised to solve issues through an unconventional platform. ADR brings forth a new mechanism to resolve various litigation issues where the disputed parties are unable to…
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