Introducing Court-ordered Arbitration In Family Law Proceedings: Adopting The Australian Model To Streamline Family Disputes In India.
In India, where the legal system is plagued with backlog and delayed justice, the implementation of court-ordered arbitration in family law, to a limited nature of disputes, could be a viable solution. Family law disputes can be emotionally draining, expensive and time-consuming. This is why the Family Court of Australia and the Federal Circuit Court […]
Ministry Of Law And Justice Transfers Icadr [indian Centre For Alternative Disputes Resolution] Undertakings To Iiac [india International Arbitration Centre]: Boosting India’s Arbitration Infrastructure
The Ministry of Law and Justice, Department of Legal Affairs has issued a notification on 22nd February 2023 regarding the India International Arbitration Centre (IIAC). According to the notification, the undertakings of the International Centre for Alternative Dispute Resolution (ICADR) related to the Society, and the right, title, and interest of the Society in such […]
Dismissal of Claim Petition by Arbitral Tribunalfor Non-Verification Not Justified:Gujarat High Court
The Gujarat High Court has recently made an important ruling regarding the procedural laws governing arbitration proceedings. In a case between Pahal Engineers and Gujarat Water Supply and Sewerage Board involving a contract dispute between Pahal Engineers and Gujarat Water Supply and Sewage Board, the respondent had raised a preliminary objection that the claim petition […]
A Comprehensive Look at Litigation Funding: The Indian and International Perspectives
The practice of litigation funding offers a unique financial solution for plaintiffs in civil disputes. It provides necessary funding for those involved in legal proceedings in exchange for a portion or all of the outcome from a successful case. This practice has become an increasingly important form of financial support in both India and on […]
Validity of an Arbitration Clause Printed on an Invoice: A Legal Analysis
An arbitration agreement is an important aspect of commercial contracts in our times, providing a mechanism for resolving disputes between parties. The Arbitration and Conciliation Act, 1996, outlines certain requirements that must be met for an agreement to be considered as an arbitration agreement. However, the wide scope of an arbitration agreement has given rise […]
SEBI Proposes Online Dispute Resolution for Investor Grievance Redressal
The Securities Exchange Board of India (SEBI) has released a Consultation Paper on “Strengthening the Investor Grievance Redressal Mechanism in the Indian Securities Market by harnessing Online Dispute Resolution mechanisms.” This paper aims to improve the current process of resolving disputes and complaints in the Indian share market. Currently, investors have three options for raising […]
Delhi High Court Allows Arbitrator To Rule On Jurisdiction In Dispute Pertains To Existence Of Arbitration Clause Over Mou And Loi
The case between Newton Engineering and Chemicals Ltd and UEM India Pvt Ltd revolves around the execution of a project tendered by the Oil and Natural Gas Corporation (ONGC), in which the petitioner claimed that the respondent failed to execute the work as per the contract, leading to termination of the contract by ONGC. The […]
Bar Council Of India Allows Foreign Lawyers And Law Firms To Practice Foreign Law In India On A Reciprocity Basis
The Bar Council of India has taken a revolutionary decision to permit foreign lawyers and law firms to practice foreign law in India based on the principle of reciprocity. The areas of law practice for foreign lawyers and firms will be laid down by the Bar Council of India, in consultation with the Law Ministry, […]
The Emergence of Court of Arbitration for art (cafa) in resolving art disputes
The art industry is a dynamic and complex market, with disputes arising from a variety of issues such as transfer of title, repatriation of artefacts, authenticity of works, art loans, and ownership and succession of estates. With the proliferation of art contracts, the need for effective and efficient dispute resolution has become pressing in the […]
New Delhi International Arbitration Centre Renamed asIndia International Arbitration Centre
The New Delhi International Arbitration Centre (Amendment) Act, 2022 has officially come into force after the Ministry of Law and Justice issued a notification on January 27, 2023. This new law, which was passed by the Lok Sabha on August 8, 2022 and the Rajya Sabha on December 14, 2022, renames the New Delhi International […]
The Significance of Institutional Rules of Arbitration in India
Arbitration has become an increasingly popular method of resolving disputes in recent times, and various institutions have emerged to support the pro-arbitration regime and make the process more transparent and proper. These institutions offer a set of rules for parties to agree to be governed by in case of any future disputes that may require […]
