Anonymous Introduction Technological Developments in the field of information and introduction of computers have made a turning point in the history of human civilization. It has brought about a sea change in all fields of human activity. It has resulted in enhanced efficiency, productivity and … [Read more...]
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 government, with a significant degree of independence, and is charged with representing the interests of the public by investigating … [Read more...]
Formal and Informal Dispute Resolution
- Sahil Arora, JGLS In this booming economy and the competitive world, it is natural for people to have opposing interests, needs and values. Having a conflict is not a problem; rather people live with it every day. Conflicts become harmful only when they take the shape of disputes. Disputes can … [Read more...]
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 proceedings and the award. It maintains the autonomy of the parties and prevents them from unwanted publicity. However, many … [Read more...]
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 competence of a State under which this theory is established which is the criminal, extra- territorial … [Read more...]
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 of India's international commitments under the General Agreement on Trade and Services( GATS). The Advocates Act,1961 and the … [Read more...]
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 Adalats. Instituted under the Legal Services Authorities Act of 1987, Lok Adalats beckon the bright future of alternate dispute … [Read more...]
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 investment ruling of Bilateral Investment Treaty (BIT) for India. India lost the case, but the experience has led to deliberations on a better, … [Read more...]
Arbitration in India and UK: A Comparative Study
By Arunima Singh, Amity Law School Editor’s Note: 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 … [Read more...]
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 the enforcement of Arbitral Awards. INTRODUCTION A decree in India, either foreign or domestic, has to be enforced under … [Read more...]