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Chess Clock Method – Alley to the Due Process and Oral Hearing

Simran Kaplish Fourth Year, B.Com. LL.B. (Hons.), Institute of Law, Nirma University, Ahmedabad Arbitration in India is significantly thriving, as one of the most effective procedure of dispute resolution. The disputes being solved with the help of arbitration process have undoubtedly witnessed accession.  The working mechanism of the judiciary has always been criticised for various […]

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VIRTUAL HEARINGS IN ARBITRATION- A MISTOUTED PANACEA?

Neeraja Rajesh  B.B.A LL.B. (Hons.), JSS Law College, Mysuru. Introduction Countries across the world are yet again clamping down on physical gatherings and travel in a bid to fight the second wave of the pandemic. Parallelly, the most promising vaccine candidates threaten to be a logistical nightmare to administer, not just by the sheer volume […]

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Global v. Indo Unique: Extrapolating Arbitration Clause from Unstamped Substantive Contract

Samyak Jain & Shalini Mishra IV Year B.A. LLB (Hons.), Institute of Law Nirma University. A three judge bench of the Supreme Court on 11 January 2021 pronounced the judgment in the case of NN Global Mercantile Pvt. Ltd v. Indo Unique Flame Ltd. & Ors. (‘Global Mercantile’). It was set forth that there is […]

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SINGAPORE CONVENTION ON MEDIATION: RULES & CHALLENGES

Anwesh Patnaik First Year, B.A. LLB (Hons.), National Law Institute University, Bhopal. INTRODUCTION The Singapore Convention formally known as the United Nation Convention on International Settlement Agreements Resulting from Mediation entered into force on 12 September 2020 with 53 signatories and 6 ratifications. It facilitates the enforcement of settlement agreements arrived through mediation in a […]

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Arbitration Tribunal Appointment Procedure: The Conflict between Party Autonomy and Principles of Natural Justice

Abhinav Jain 3rd year, USLLS, GGSIPU. Introductory Remarks Party autonomy has always been a key element of arbitration that distinguishes it from regular court proceedings. Among other things, it includes the right of the parties to decide and agree upon an appointment procedure of the arbitral tribunal. This is usually done in the main contract […]

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Arbitration Council of India: The Regulator in Disguise

Ayush Chugh & Anugya Jain 5th Year, Institute of Law, Nirma University Introduction India is on the run to become an arbitration friendly jurisdiction and a hub for International commercial Arbitration. A high-level committee was recently formed under the chairmanship of Justice B.N Srikrishna which suggested reforms related to accreditation and institutionalization of arbitration in […]

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THE CONCILIATOR: POWER AND DUTIES

Roshita Shrivastava 2nd Year, National Law Institute University, Bhopal Introduction “No civilised society leaves all issues of common concern to be resolved mutually between labour and management through a process of confrontation and conflict. The State shall lay down legislation to ensure a minimum protection of the interests of workers without waiting for trade unions […]

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BOARD OF CONCILIATION AND REFERENCE OF DISPUTES

Payal Dubey 3rd Year, National Law Institute University, Bhopal Conciliation is yet another process of alternative dispute resolution which is voluntary, time effective, ensures confidentiality, party autonomy and expertise of the decision-maker. It is flexible and allows the parties to define content, terms and structure of the conciliation proceedings. Conciliation as a method is used […]

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PRINCIPLES AND APPLICATION OF CONCILIATION

Shadab Mohammad Shah 3rd Year, National Law Institute University, Bhopal Conciliation is a form of Alternate Dispute Resolution (hereinafter to be referred as ADR); therefore all the proceedings and sessions of conciliation are done outside the court. How is conciliation different from other forms of ADRs? What are the principles of conciliation? Is the outcome […]

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Conciliation as a DR Mechanism: Merits & Demerits

Ashhab Khan 2nd Year, National Law Institute University, Bhopal Introduction Conciliation is one of the alternative dispute resolution (hereinafter “ADR”) methods, wherein the parties go out-of-court to seek remedy. The Halsbury’s Laws of England defines conciliation as a process of persuading the parties to reach an agreement. It is a procedure where a neutral third […]