Arbitration and Conciliation Amendment Act 2021: Will It Interfere With Arbitral Awards?
In March, Parliament passed the Arbitration and Conciliation Amendment Act 2021. The Act is the third amendment in six years to the Arbitration and Conciliation Act 1996 (principal Act). This indicates that both the judiciary and government favour promoting Alternative Dispute Resolution as a consistent practice. However, the amendments also present certain shortcomings. For example, many have argued that it could interfere with arbitral awards due to the law’s vague definitions. Arindam Shit writes how the 2021 Amendment Act takes one step forward to two steps back due to its vagueness.
Could Virtual Courts in India Allow Legal Access Even After the Pandemic?
The pandemic affected how we interact with the legal process. However, it also pushed virtual courts in India and digitisation of the judicial process. From the materiality of paper files and the spatiality of legal galleries to virtual hearings, the aftermath is optimistic despite the circumstances that propelled this change. However, the virtual existence of the court has also offered several limitations, which still need to be addressed. Krati Sharma lists the advantages and limitations of virtual courts and hearings in India.
Arbitration and Conciliation (Amendment) Act 2021: Legislative Commentary
On November 4, 2020, the Government had promulgated the Arbitration and Conciliation (Amendment) Ordinance. Earlier this year in March it repealed the ordinance and replaced the same with Arbitration Conciliation Act’21. It is discerned in the ‘Statement of Objects and Reasons’ of the Amendment that these changes are made to eradicate corruption. Rajrishi Ramaswamy decodes the 2021 amendment and compares their need in light of the Arbitration Act and previous amendments.
New Technologies in Arbitration: Ensuring Independence and Impartiality
By Nihal Raj, pursuing Law from IFIM Law School Bangalore
Use of Technology in Judicial Process and Alternative Dispute Resolution
By Anonymous INTRODUCTION Technological Developments in the field of information and introduction of computers have made a turning point in the history of human civilization.
Institution of Ombudsman-A Legislative and Judicial Outlook
By Sumit and Oshoneesh Waghmare, NALSAR University of Law, Hyderabad, Telangana Editor’s note: An ombudsman is a public advocate who is usually appointed by the
Formal and Informal Dispute Resolution
By Sahil Arora, JGLS Introduction In this booming economy and the competitive world, it is natural for people to have opposing interests, needs, and values.
Confidentiality In Arbitration: An Unsolved Arena
By Udisha Ghosh, Symbiosis Law School, Pune “Editor’s Note: One of the main reasons why arbitration is preferred over litigation is because of the confidentiality of
Passive Personality Principle: An Overview
By Sanjana Sahu, School of Law- KIIT University Editor’s Note: This paper discusses the passive personality principle in general. Firstly, there is a determination of jurisdictional
The Indian Legal Service Market And GATS
By Amrit Subhadarsi, KIIT School of Law, Bhuvaneshwar “EDITOR’S NOTE:- This piece analyses the prospect of liberalization of the Indian legal service market in light
Lok Adalats
By Oyshee Gupta (CNLU Patna ) & Suhaas Arora (RGNUL, Patiala) “EDITOR’S NOTE:- This piece discusses the dispute resolution mechanism that is known as Lok
Case Comments on White Industries v. Republic Of India
Aditya P Arora RGNUL, Patiala “Editor’s Note: The paper analyses the case of White Industries v. Republic of India which was the first judgment on
Arbitration in India and UK: A Comparative Study
Arbitration is an alternative to litigation and any dispute that is civil in nature can be adjudicated through it. However, the independence to refer issues to arbitration is somewhat limited in India because the legislature has pre-existing institutions where issues are to be handled. For instance, Telecom Dispute Settlement Appellate Tribunal (TDSAT) passed an order barring arbitration in matters of telecom and broadcasting as there was no scope for it under the Telecom Regulatory Authority of India act, 1997. Surprisingly the English law has not expressly defined Arbitrability in its act and this lack of definition makes it difficult to understand the concept as to which disputes are arbitrable and which in fact are not. However, the definitions extracted from various case laws state that Arbitrability depends on the civil nature of the suit and capability for legal determination and that prior agreement that dispute be referred for arbitration must exist between the parties to the dispute. Therefore, there is a very thin line of difference between arbitration in India and UK, and a comparative analysis of the two would be beneficial.
Foreign Judgments in the context of Indian Law and Enforcement of Arbitral Awards
By Shreesha Bhatt, Shivansh Agarwal & Ashutosh Gondli, GNLU Editor’s Note: This paper deals with the enforcement of foreign judgments in India and also discusses
Arbitral Immunity: India and Abroad
By Debkanya Naskar, NUJS INTRODUCTION Arbitral immunity is a protection mechanism guaranteed to the arbitrators against any civil liability arising from their adjudicatory function.[i] This
Institutional Arbitration – The Dawn of Expeditious Justice System
Even though arbitration was known to the Indian legal and business community, only the ad hoc form found credence while the concept of institutional arbitration is relatively new. In an institutional arbitration, the arbitration agreement designates an arbitral institution to administer the arbitration. The parties then submit their disputes to the institution that intervenes and administers the arbitral process as provided by the rules of that institution. These rules and procedures are more likely to produce consistent and predictable results because of the institution’s experience and assets, providing greater resources to facilitate the arbitration. It was the Indian Arbitration and Conciliation Act, 1996 which infused a fresh lease of life into this concept and with a constrained ambit of public policy, its scope in the nation is bound to be infinitude.
ADR in India: Legislations and Practices
Settlement of disputes through reference to a third party is a part of the volkgiest of India since times immemorial. It has undergone a phenomenal metamorphosis, growing from the stage of village elders sitting under a banyan tree and resolving disputes to the stage of gaining a statutory recognition. India has put in place a progressive piece of legislation which is essentially based on the Model Law and the UNCITRAL Arbitration Rules. The Parliament enacted the Arbitration and Conciliation Act of 1996 with a view to making arbitration less technical and more useful and effective, which not only removes many serious defects of the earlier arbitration law, but also incorporates modern concepts of arbitration. What it now needs is inculcation of the culture of arbitration within the bar, the bench and the arbitral community.
Criminal Cases and ADR
By Rahul Deo, CNLU Patna Editors Note: Courts are overburdened with the cases. It is the temptation that has led the legislature to incorporate the
Setting Aside Arbitral Award: Contemporary Scenario in India
By Swati Duggal, UILS, Punjab University Editor’s Note: Arbitration is a form of alternate dispute resolution where the parties to a dispute settle the dispute
Challenges of Religious Arbitration in India
By Aditi, WBNUJS Editor’s Note:This paper seeks to identify the significance as well as challenges of the doctrine of religious arbitration from its western experience,
