Swastika Saha Chowdhury, Amiya Sachdeva Introduction In a country as diverse as India, the confluence of law, religion and property tends to create complicated legal issues and disputed spaces. One such area is the adjudication of disputes concerning Waqf properties, charitable endowments under Islamic law, where secular legal frameworks and religious traditions tend to conflict. At the centre of this debate lies an emerging yet under-examined question: Can religious arbitrat

Pratham Malhotra, Aishwarya Singh Vishnoi This article critiques the persistent illegality of lawyers’ strikes despite judicial prohibition and the absence of statutory regulation. It proposes a calibrated framework within the Advocates Act, 1961, incorporating a mandatory multi-tiered ADR mechanism, notice, mediation, and arbitration, to address legitimate grievances. While excluding non-arbitrable and extraneous causes, it advances a balanced model that safeguards professio

Kabir Chaturvedi An agreement to negotiate is one of the pre-conditions to arbitration included in Multi-Tier Dispute Resolution clauses. If a clause employs imperative diction, pre-conditions to arbitration are to be mandatorily fulfilled before commencement of arbitration. However, in cases of non-fulfillment of agreements to negotiate, courts do not bar commencement of arbitration, despite imperative language. This blog examines decisions of courts and tribunals from sever