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Centre for Alternative Dispute Resolution,
RGNUL, Punjab
Empowering The ‘Lok’ In Permanent Lok Adalats
Saumya Singh* The Lok Adalat mechanism has traditionally been envisaged as a significant path towards realising the constitutional commitment of equal access to justice for all citizens. It bears the potential to aid parties, especially the socially and economically underprivileged, in accessing expedited and inexpensive dispute resolution through conciliation before an impartial panel. In the statutory conceptualisation of this mechanism, party autonomy and consent to the pr
Saumya Singh
Jan 28, 202311 min read
Revisiting The 'Exclusivity' Conundrum: Can The Importance Given to The Seat be a Hurdle in Arbitration?
Utkarsh Srivastava, Gaurav Choudhary Introduction The intersectionality between the jurisprudence governing the area of arbitration and the Indian legal framework has been a point of debate from the time when the earliest legislation on this subject was enacted in India. The credit for the same can be ascribed to the dependency of the Indian procedural laws on the set guidelines which have been prescribed in the statutes as against the will of the parties involved. To this ef
Utkarsh Srivastava & Gaurav Choudhary
Dec 30, 20229 min read
Smart Legal Contracts – The Only Viable Approach to the Arbitration of Blockchain Disputes?
Aishwarya Julinka Anand, Shreya Gupta Introduction The advent of blockchain technology has brought about a paradigm shift in the way people transact. The technology, or more specifically, “Blockchain Ledgers” allows for a secure, immutable, and tamper-evident alternative to conventional transactional models, providing improved traceability, accountability, and transparency.[1] These benefits and advantages have paved the way for an accelerated shift from traditional, oral, an
Aishwarya Julinka Anand & Shreya Gupta
Dec 27, 202211 min read
Unfurling The Amici Participations in Investment Arbitration: An Antidote Needed?
Alay Raje, Samridhi Shrimali Introduction “A fool repays a salve by a stab, and a stab by a salve.” The escalating concerns surrounding the participation of amicus curiae ('amicus') in investment arbitrations can be truly sketched by the above quote, meaning that; only a fool mistakes a foe for a friend and a friend for a foe. Resolving disputes involving investment treaty law is in itself a tricky terrain, and amicus participation do not ease the trouble. As explicated by th
Alay Raje & Samridhi Shrimali
Sep 2, 202210 min read
The Pressing Need for Gender and Ethnic Diversity in International Commercial Arbitration
Tharika Sai S. Mohan Introduction In the last few decades, many factors such as expensive attorney fees, lengthy, time-consuming processes, and unpredictability have plagued the litigation field. This has caused an increased drift among stakeholders, including individuals and companies, to the area of arbitration which is less cumbersome and serves as a viable and attractive alternative for litigants considering the various advantages it has to offer. These include but are no
Tharika Sai S. Mohan
Aug 22, 202210 min read
Party Autonomy & Public Policy Vis-À-Vis Indian Parties Choosing a Foreign Seat of Arbitration
Tariq Khan, Nakashvir Singh Aulakh Introduction Party autonomy is the single most important aspect of arbitration. It is the fact that the parties can choose the mode, medium, and governing law which makes arbitration the most preferred form of dispute resolution mechanism in recent years. The Supreme Court of India, time and again, has upheld party autonomy in arbitration and has even called it to be the backbone of arbitration. However, there have been various conflicting
Tariq Khan & Nakashvir Singh Aulakh
Jun 8, 20216 min read
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