Arbitration, as a method of dispute resolution, has gained immense popularity over the years due to its efficiency and flexibility. Among its many facets, one of the most critical concepts is the “Reference to Arbitration”. So, what does this term really mean? In essence, it refers to the process of referring a dispute to an […]
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Arbitration is hailed as a go-to method for resolving disputes quickly and efficiently. But what happens when an arbitrator bows out—either by choice, legal necessity, or unforeseen circumstances? That’s where the Appointment of Substitute Arbitrator under Section 15 of the Arbitration and Conciliation Act, 1996, swoops in to save the day. This seemingly simple concept
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The Arbitration and Conciliation Act, 1996, serves as the cornerstone of alternative dispute resolution in India, providing mechanisms such as arbitration, conciliation, and mediation. Among its vital provisions, Section 6 stands out for addressing administrative assistance, a crucial element in ensuring the efficiency and smooth operation of arbitration proceedings. This section empowers parties and arbitral
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Section 4: Waiver of Right to Object Section 4 of the Arbitration and Conciliation Act, 1996 holds significant importance in arbitration law as it governs the waiver of rights to object. This provision plays a pivotal role in determining whether a party, by its conduct or inaction, has forfeited its right to object to a
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Receipt of Written Communication is a critical component in legal communication, encompassing the protocols and requirements for effectively receiving written correspondence in legal matters. Section 3 of the Arbitration and Conciliation Act, 1996 plays a crucial role in the proper service and acknowledgment of documents within legal proceedings, whether they pertain to litigation, administrative procedures,
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Section 5 of the Arbitration and Conciliation Act, 1996 plays a vital role in achieving this objective by emphasizing “minimum judicial intervention” in arbitration proceedings. The principle underpins the Act’s pro-arbitration stance and ensures that courts interfere only in exceptional circumstances as explicitly provided under the Act. Section 5 of the Arbitration and Conciliation Act,
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The Arbitration and Conciliation Act, 1996, is a cornerstone of India’s legal framework for alternative dispute resolution (ADR). Ever been stuck in a court case that drags on for years? The commencement of the Arbitration and Conciliation Act, 1996 came to the rescue by providing quicker and cost-effective mechanisms like arbitration and conciliation. Its importance
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The Arbitration and Conciliation Act, 1996, stands as a cornerstone in India’s legal framework for arbitration and alternative dispute resolution (ADR). Definitions under Section 2: Part I provides a comprehensive list of terms that lay the foundation for interpreting and applying the law. These definitions are crucial for understanding the Act and ensuring its effective
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Our great nation has vibrant democracy governed by the Rule of Law, with our founding fathers copiously discussing all the constitutions of the World and its evolution of over 150 years during the constituent assembly debates. Our geniuses in the constituent assembly deliberated for almost three years, before finally agreeing upon our magnificent Constitution pervaded
Transgenders Right to Equality & Much Needed Gender Neutrality in Laws Read More »
For a multitude of reasons—political, economic, social, cultural, and religious—conflicts are inherent in any civilization. And with conflict, there is also a need to build procedures for conflict resolution. India, like many other Asian countries, has a long and illustrious history of collaborative and amicable dispute resolution. The Mahabharata, a classic Indian epic, has an
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