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1.     ADR : An Idea The Time For Which Has Come!

            It is an uncontroverted fact that our country is suffering from acute problem of population explosion. This in turn has given rise to diverse problems including those of disputes, differences and conflicts. Even our judiciary is suffering from population problem i.e. docket explosion of pending cases. It is estimated that  more than 25 Million cases are pending in over 8000 Indian courts .....    [73 KB]  Download

                                                                                                                                                                                     

2.     FAST TRACK ARBITRATION MUCH CELEBRATED, LEAST PRACTICED.

                 In a commodity exchange where the disputes are resolved by traders and businessmen themselves, a dispute which arises in the morning is disposed of the same day by 5pm and an appeal is disposed of within a couple of days. One noted maritime arbitrator is recalled as having made his inquiry on- board ship and issued his decision orally before the turn of the tide, to allow the ship to sail. ......  [32 KB] Download

     

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3.     ADR: A NEW MANTRA TO RESOLVE BUSINESS DISPUTE.

            Disputes and differences in business dealings are common. The over burdened courts and judiciary system of our country is a proof of the same. But a dispute must be resolved. Unresolved disputes in business hinders its smooth flow and future growth of not only domestic trade but also of international trade. A dispute is normally resolved by way of litigation or through Alternative Dispute Resolution (ADR) mechanism..... [27 KB]  Download       

                                                               

4.   RULES OF NATURAL JUSTICE IN ARBITRATION'

                                        ----- Pawan Agarwal
                                             Chartered Accountant

INTRODUCTION

01. There is an old saying that " Justice should not only be done but should appear to have been done". Section 18 of the Arbitration and Conciliation Act 1996 (The Act) embodies this principle. It may be profitable to reproduce the section which reads as follows:-  Download

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