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. It has brought about a sea change in all fields of human activity. It has resulted in enhanced efficiency, productivity, and quality of output in […]
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. 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. […]
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 resolutions in India.The institution has attracted […]
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 protection enables them to act impartially and without the fear of adverse litigations from the losing side.[ii] But given that arbitration is an alternate mechanism […]
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.