ADR World | Blog

27 Aug

By Anil Xavier ADR
Arbitration
Law
Mediation 1 Comment

A Critique on the right to Privacy in Alternative Dispute Resolution

By Anil Xavier ADR, Arbitration, Law, Mediation 1 Comment

The Supreme Court of India by a 9-Judge bench has delivered a landmark judgment in “Justice K S Puttaswamy (Retd.) and another v. Union of India and others” [Writ Petition (Civil) No. 494 of 2012] on 24th August 2017, where it was held that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution [...]

05 Apr

By Anil Xavier ADR
Arbitration
General
Law
Mediation 0 Comments

Top 5 Reasons to attend GPC India

By Anil Xavier ADR, Arbitration, General, Law, Mediation 0 Comments

The Global Pound Conference series with the conference title, "Shaping the Future of Dispute Resolution and Improving Access to Justice", is a worldwide phenomenon, with over 39 events taking place in over 31 countries through 2016-17. The goal of the GPC series is to create a conversation about what can be done to improve access to justice and the quality of justice around the world in civil and commercial conflicts. The idea is to convene all stakeholders in dispute resolution – commercial parties, chambers [...]

13 Mar

By George Poothicote ADR
Mediation 0 Comments

Mediation – The New Social Revolution in Conflict Resolution

By George Poothicote ADR, Mediation 0 Comments

Mankind has historically undergone social changes time and again from the beginning of civilization. From the invention of the wheel and agriculture in the early period to industrialisation and technology of the modern times there have been numerous catalysts that transformed society. There has been development in all facets of living leading to revolutionary changes. The twentieth century saw cars, aeroplanes, antibiotics, modern weaponry, the internet, missile technology, space missions and the mobile phone. The Twenty first century has [...]

14 Dec

By Joel Lee ADR
General
Mediation 0 Comments

Peacing Things Together

By Joel Lee ADR, General, Mediation 0 Comments

As 2016 draws to a close, I can’t help but reflect upon the events over the last 11 months. 2016 has not been a good year, at least in my opinion. Way too many lights in the world have passed on, natural disasters abound and with the political upsets around the world (and some continue to happen), it would appear that the world is barreling towards chaos. And perhaps that is the natural order (or disorder) of the universe. And [...]

13 Nov

By Gracious Timothy ADR
Mediation 0 Comments

Need Mediation? Ha Ha… You’re Funny

By Gracious Timothy ADR, Mediation 0 Comments

One may or may not agree, but for some Users and lawyers, mediation is just a funny gag. Like when one of my clients (who is also a friend) had been constantly calling me about an arbitration hearing, and I could only respond to him with a text message – “Busy. In a mediation. What happened?” To my wonder, the response was just – “Finally. LOL”. For a young mediator/mediation lawyer, it can be a challenge to spawn a [...]

31 Oct

By George Poothicote Law 1 Comment

OF GREEK AND LATIN……….

By George Poothicote Law 1 Comment

The origin and development of our current laws have always been an interesting area of study and research to academicians, practitioners and students alike. Here below I have attempted to take the reader through a journey beginning in Greek legal and political history through Roman law and administration and their influence on British law which are the basis of all popular legal structures currently. The Eumenides was the third part of the trilogy written by the ancient Greek tragedian Aeschylus [...]

24 Oct

By Anil Xavier ADR
Arbitration
Law 4 Comments

“India to be made the next Arbitration Hub” – Are You Ready?

By Anil Xavier ADR, Arbitration, Law 4 Comments

Frequently we hear this statement of making India the hub of arbitration from leading personalities. Normally it happens when there is a conference or when a new commercial law is enacted. The situation was no different this time! The occasion was yet another conference on “National Initiative towards strengthening Arbitration and Enforcement in India” held at New Delhi on 21|22 October 2016. On this occasion none other than the President, Prime Minister and Chief Justice of India declared that India [...]

04 Oct

By P. K. Suresh Kumar Arbitration 3 Comments

Arbitrability of Trust Disputes

By P. K. Suresh Kumar Arbitration 3 Comments

The Indian Supreme Court, by a recent judgment, has totally ostracized ‘Arbitration’ from the world of ‘Trust Disputes’. Though the reasoning of the Supreme Court is prima facie appealing, a closer scrutiny of its judgment may lead one to think that it is retrograde. Vimal Kishor Shah & others Vs. Jayesh Dinesh Shah and others (Civil Appeal no. 8164 of 2016)[1] is the case where the Supreme Court held that trust disputes are not arbitrable. That was a case [...]

28 Sep

By Anil Xavier Law 4 Comments

Tug of War for Power Supremacy & Casualty of Justice : A critique on the Cauvery dispute resolution process and its effect

By Anil Xavier Law 4 Comments

The Cauvery dispute is developing itself into a bigger legal crisis – not just a “lis” between Karnataka and Tamil Nadu, but into an in-depth constitutional crisis. The debate over sharing Cauvery water predates to the late British era (1890s), wherein the Mysore princely state and the Chennai presidency (which was under the British Raj) had to come into terms with agreeing on a divide. The contention really arose when, in 1910, both states started devising plans for construction of [...]

24 Sep

By ADR World Admin Mediation 1 Comment

Mediators for Company Disputes – How efficient it would be?

By ADR World Admin Mediation 1 Comment

The Ministry of Corporate Affairs (MCA), Government of India has notified the “Companies (Mediation and Conciliation) Rules, 2016” on September 9, 2016. With the publication of these Rules, Central Government introduces a structure of setting up of a panel of mediators or conciliators, who will have the role to communicate the view of each party in a dispute, identify issues, reduce misunderstanding, clarify priorities and facilitate voluntary resolution of the dispute based on the consent of parties. These Rules are made to [...]