Role of Mediation in Divorce proceedings and Marital disputes in India

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

Role of Mediation in Domestic Violence Cases

– 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

Online Dispute Resolution during the pandemic

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

Cybersecurity in Online Dispute Resolution

– 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

International Commercial Arbitration in India

– 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

Evolution of Arbitration Act in India

– 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

Alternative Dispute Resolution as a tool for Commercial Insurance Dispute.

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

The Role of Alternative Dispute Resolution in Intellectual Property Rights.

-Isheta Boruah 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

Using Alternative Dispute Resolution in Companies Act, 2013.

-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

Reva Electric Car Company P. Ltd. Vs. Green Mobil

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.