Amrutha Santhosh Kumar Mediation is a discretional process of alternate dispute resolution whereby an independent, neutral third party who plays the role of a mediator assists the parties of the dispute in reaching a settlement by means of negotiations. Since the solution recommended by the third party is willingly accepted or rejected by both the sides of parties involved in the dispute, this process is considered as a positive form of conciliation. In this article, we will be analysing the scope of Mediation in Divorce Proceedings and Marital disputes in India. Meditation helps in solving fa ..read more

– Amrutha Santhosh Kumar Domestic violence constitutes of threatening, forceful, abusive, violent or coercive acts inflicted by a member of a family upon another member within the household. The abusive act committed must be provable by way of evidence in a court of law. Since most of the domestic violence cases occur within the privacy of households, it is very difficult to prove it before a court of law that one has been abused by another. The central idea of this article is to address the sheer volume of domestic violence cases that has been decided via Mediation. Mediation is a discretiona ..read more

The pandemic has taken a complete toll on everything around us, and hence common man’s life has come to a standstill with the enforcement of many restrictions in place. In India during the initial period of lockdown phases, courts and workplaces being non-essential to and sanitation and public health were ordered to shut down operations temporarily. For the later phases of lockdown, even though severe restrictions have been taken off, the working of all institutions, in general, is not in full swing. However, advancements in technology have definitely made our lives a lot easier. This is becau ..read more

– Amrutha Santhosh Kumar Cybersecurity has become a real threat in today’s digital world, and it often goes readily dismissed or ignored. The unexpected exponential growth of online platforms amidst the pandemic, has led to significant growth of cyber-attack incidents often with grievous and disastrous consequences. Online dispute Resolution mechanisms all over the world have been applauded for their speedy, efficient and confidential nature in tackling disputes. But in reality, are these ODR platforms well protected from the challenges that the world of cybersecurity has to offer? In this art ..read more

– Amrutha Santhosh Kumar With the advent of globalization, liberalization regimes and the rapid advancement in international business relationships, it has become imperative to have a quick amicable method of resolving disputes at the international frontier. Arbitration is one of the most sought out methods of dispute resolution wherein an amicable settlement is reached by virtue of negotiations with a neutral third party acting as a mediator. Commercial activities involving parties of different nationalities often lead to disputes due to differences pertaining to legal and cultural background ..read more

– Amrutha Santhosh Kumar Ever since its inception, the Arbitration Act in India has been repeatedly subjected to scrutiny by both the legislative and judicial fraternity alike. The Arbitration Act was formally enacted in the year 1940 during the British regime, and it applied to the whole of India at that point of time (including present-day parts of Pakistan). It is to be noted that other versions of the Arbitration Act existed in India prior to the 1940 Act. However, the older versions were limited in application and dealt only with arbitration case disputes in the Presidency Towns. Post- In ..read more

Isheta Boruah For a number of years, Alternative Dispute Resolution (ADR) has been used successfully as an efficient tool for resolving a wide range of insurance-related conflicts. Examples include the use of arbitration, as well as subrogation disputes between carriers, to settle uninsured motorist and no-fault situations. Arbitration has been the preferred way of settling conflicts for more than a century in the dynamic world of reinsurance. Numerous court-annexed personal injury and property damage claims services as well as state-mandated services set up to help settle conflicts resulting ..read more

In the last few decades, international transactions have multiplied. There is a spike in diplomatic conflicts due to this surge in cross-border transactions. New forms of intellectual property (IP) disputes will arise from global challenges such as the digital world, climate change issues, access to healthcare, the defence of traditional information (TK), traditional cultural expressions (TCEs) and the preservation of biodiversity. In addition, there is a higher motivation for parties to follow affordable and more convenient conflict settlement strategies than by arbitration due to the economi ..read more

-Isheta Boruah Post-Independence, under the Legal Services Authority Act, 1987 and the Arbitration and Conciliation Act, 1996 (A&CAct), Parliament has made legislation on Alternative Dispute Resolution. A progressive move towards the promotion of ADR mechanism in India was the introduction of ADR mechanisms under section 89 and Order X Rules 1A, 1B and 1C of the Civil Procedure Code, 1908 (CPC). According to section 89 of the CPC, where it appears to the court that there are elements of settlement which may be agreeable to the parties, the terms of settlement shall be formulated and sent t ..read more

Decided On: 25.11.2011, (2012) 2 SCC 93, Bench- Hon’ble Justice S.S. Nijjar -Isheta Boruah Facts of the case: The Petitioner has filed the present application under Sections 11(4) and (6) of the Arbitration and Conciliation Act, 1996 read with paragraph 2 of the Appointment of the Arbitrators by the Chief Justice of India Scheme, 1996. It is stated that the parties had entered into a legally valid and enforceable Memorandum of Understanding (‘MOU’) dated 25th September, 2007, providing, inter alia, for the respective obligation of both the parties in connexion with the marketing of the cars of ..read more