Articles

Online Arbitration: The Future of Online Dispute Resolution for Consumer Disputes by Tamanna

The advent of globalization and the advancement and increased accessibility of internet services has led to an increase in the cross-border consumer transactions. Such transactions give rise to numerous low-value claims which are best dealt with the apparatus of Online Dispute Resolution. However, out of these mechanisms, Arbitration poses itself as the best remedy available owing to the nature of proceedings commencing into a final and binding award which is enforceable and enjoys the force of the law. Online Arbitration relieves the process of arbitration of its criticisms pertaining to its cost and time efficiency. This model of ODR might be particularly advantageous if employed by India, where consumer dispute forums have been unable to effectively address concerns of time and costs involved in litigation. This paper undertakes to address the same.

Nexus Between Arbitration and Insolvency Causing Problems: Finding a Solution for India by Ahan Gadkari 

Most jurisdictions, and the UNCITRAL Model Law, do not guide how to proceed with an arbitration marred by the onset of a party’s insolvency or whether insolvency proceedings can be avoided due to the existence of a valid and binding arbitration agreement. Thus, arbitration and insolvency can often be at odds with one another. India is no exception to this dilemma; Due to a lack of statutory guidance and the absence of judicial precedents, there is uncertainty surrounding the initiation or continuation of arbitration proceedings, the effect of insolvency proceedings on a foreign-seated arbitration, the ability to participate in the insolvency resolution process, and the enforcement of an arbitral award concerning insolvency proceedings. This paper undertakes to explore the same. 

Law and Practise of Alternate Dispute Resolution in India: A Book Review by Arpita Chaudhary 

A simple Google search on the books dealing with ADR exclusively lands on the search page containing all the academic options, barring a few non-academic books, which are mostly unavailable or not easily accessible. The number of non-academic issues on a particular topic is as small as a finger count. One of the top picks among them is this very book, titled ‘Law and Practise of Alternate Dispute Resolution in India: A Detailed Analysis’ authored by Anirban Chakraborty. It is not only readily accessible as hardcopy but also in no way gives the traditional legal textbook feeling, containing the re-writing and analysis of bare acts. It indulges the readers into the particular topic, moving out of the cliché methodology of drawing out the same syllabus-like format, including the mention of all the recent developments in the particular area. This paper reviews this piece of literature. 

Comparing Statutory Arbitration in India- Analysis in the Light of Silpi Industries Case by Soumya S And Sanigdh Budhia

This article examines conflicting judgements regarding the conflict between the Arbitration Act and the Micro, Small and Medium Enterprises Development Act, 2006  issue and how the Silpi Industries judgement finally clarifies the position regarding the same.

Examining the Impact of Third-Party Funding in Investor-State Dispute Settlement and Policy Options by Akshata Modi and Gyanda Kakkar 

Investment treaties include ISDS ostensibly as a means to advance rather than obstruct the larger goals of the treaties. The operation of ISDS, as well as the intent and purpose of investment treaties must be considered while examining TPF of ISDS matters. It is also critical to examine how this financing arrangement and the incentives offered by might create and affect these factors. Proponents of TPF point out that among other benefits, it improves access to justice in investor- state arbitration. On the contrary, its opponents argue that TPF will make it easier for meritless claims and frivolous lawsuits to enter into an already unbalanced system, adding burden on respondent governments who cannot benefit from TPF. Hence, this paper assesses the feasibility of TPF with the objectives of the investment law regime, especially as many countries start to understand the potential of TPF and its distinctive position in ISDS.