Arbitration – ADR World

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 [...]

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 [...]