Category Archives: arbitration
Cyber Dispute Resolution over an ADR Process
India recognized laws applicable for the use of Electronic Documents with the passage of Information Technology Act 2000 (ITA 2000) on 17th October 2000. The law recognized contraventions of different kinds and prescribed civil penalties in certain cases as well … Continue reading
Wiping Every Tear from Every Eye.. Forget Courts…Transform from Litigation to ODR
During a recent meeting of Chief Justices of High Courts, the Chief Justice of India, Mr T.S.Thakur broke down emotionally with the burden of a perceived guilt of the Judiciary in not being able to reduce the pendency of cases. … Continue reading
“Even when my client is negligent, the liability can be on me”- Lesson from TCS-Epic dispute
The US$ 940 million penalty imposed on TCS by a US district Court (Wisconsin) is to be considered as a watershed moment in the history of data security management in India since it involves one of the most reputed IT … Continue reading
Challenging Arbitration Awards under the new Arbitration Act
One of the important changes that the new Arbitration Act in India (Arbitration and Conciliation Act 1996 as amended in 2015 or ACA 1996/2015) has brought in is in the matters relating to the Finality of Arbitration Awards. Under the … Continue reading
Multi Member Arbitration Panels will be the order of the day
One of the aspects of the Arbitration Amendment Act 2015 is on the reference to the “Regime For Costs” under Section 31A of the amended Act. Some of the Judicial professionals have not been happy with the “Model Fee” as … Continue reading
Procedural Flexibility in ADR
Alternate Dispute Resolution (ADR) focusses on delivery of justice free from the complexities caused by the age old processes under which “Litigation” system works in our Courts. An attempt to improve the litigation process has always been at the heart … Continue reading