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14
JUL
2021

Arbitrability of Oppression And Mismanagement Disputes Under Companies Act, 2013

Arbitrability of Oppression And Mismanagement Disputes Under Companies Act, 2013 Arbitrability means whether a matter can or cannot be settled through arbitration and whether certain type of disputes only falls under the jurisdiction of a tribunal or the state courts. The Model...
12
SEP
2020

Section 34 of Arbitration And Conciliation Act

Could Section 34(4) of the Arbitration Act be conjured to dispense with any ground under Section 34(2) of the Arbitration Act? Section 34(2) of the Arbitration Act gives two arrangements of grounds on which an honour might be saved. Area 34(2)(a) sets out grounds of challenge,...
08
SEP
2020

Scope Of Section 16 Arbitration And Conciliation Act, 1996

Before delving upon the issue of jurisdiction of arbitral tribunals, let us read the section 16 of the Arbitration and Conciliation Act, 1996 (in short here in after referred to as “Act“)to understand its scope and repercussions during the arbitral proceedings....
18
MAR
2019

Section 89, Civil Procedure Code, 1908 : A Critical Analysis

The 1990s brought liberalization to India, and with it came a docket explosion crisis, the ramifications of which we are still dealing with. S. 89 was inserted in the Code of Civil Procedure through its 1999 Amendment Act,[1] based on the recommendations of the Malimath Committee...
11
MAY
2015

Alternate Dispute Resolution System – Position in India

What is Alternative Dispute Resolution System? Alternative Dispute Resolution (ADR) is a term generally used to refer to informal dispute resolution processes in which the parties meet with a professional, third party, who helps the parties to resolve their dispute in a way that...
11
MAY
2015

Implementation of ADR in India

I. Introduction: The implementation of Alternative Dispute Resolution mechanisms a means to achieve speedy disposal of justice is a crucial issue. The sea-change from using litigation as a tool to resolve disputes by using Alternative Dispute Resolution mechanisms such as...