Top 5 Reasons to attend GPC India

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 [...]

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Mediation – The New Social Revolution in Conflict Resolution

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 [...]

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Peacing Things Together

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 [...]

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Need Mediation? Ha Ha… You’re Funny

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 [...]

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OF GREEK AND LATIN……….

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 [...]

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

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 [...]

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Arbitrability of Trust Disputes

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 [...]

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

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 [...]

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Mediators for Company Disputes – How efficient it would be?

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 [...]

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