CADRE ODR Sample Arbitration Clauses

CADRE ODR Sample Arbitration Clauses

Adding any of the below arbitration clauses to agreements or contracts or purchase orders is the simplest way to start using CADRE Online Arbitration Services. These clauses can be used in a variety of situations viz rentals, loans, purchase orders, service agreements, investment agreements, software purchases, procurement, invoices for services,…
The Supreme Court Ruling on Unilateral Arbitrator Appointment: A Step Forward for Institutional Arbitration

The Supreme Court Ruling on Unilateral Arbitrator Appointment: A Step Forward for Institutional Arbitration

In a landmark decision, a 5-Judge Constitution Bench of the Supreme Court of India declared the unilateral appointment of arbitrators as a violation of the principles of fairness, impartiality, and equality in arbitration. This pivotal judgment, delivered in Central Organisation for Railway Electrification v. M/s ECI SPIC SMO MCML (JV), reinforced…
The Integration of Emergency Arbitration into ODR Platforms: Challenges, Opportunities, and Future Prospects

The Integration of Emergency Arbitration into ODR Platforms: Challenges, Opportunities, and Future Prospects

Introduction Parties often choose arbitration in anticipation of a swift resolution to their disputes. However, the reality is that complex commercial arbitrations frequently endure prolonged proceedings before reaching a finality. At times, obtaining urgent interim relief becomes essential to safeguard the subject matter of the arbitration in such scenarios. The…
Guardians of Justice: Navigating the Crucial Role of Data Privacy in Online Dispute Resolution Platforms

Guardians of Justice: Navigating the Crucial Role of Data Privacy in Online Dispute Resolution Platforms

In the ever-evolving landscape of digital dispute resolution, the spotlight is now firmly on the crucial role of data privacy. As we entrust our conflicts to Online Dispute Resolution (ODR) platforms, the safeguarding of sensitive information becomes paramount. This article explores the intricate dance between justice and privacy, shedding light…
Navigating the Complexities of Re-initiation in Arbitration: A Legal Perspective on Res Judicata and Fresh Proceedings

Navigating the Complexities of Re-initiation in Arbitration: A Legal Perspective on Res Judicata and Fresh Proceedings

In the complex landscape of arbitration, particularly in the context of the principles governing the re-initiation of proceedings and the applicability of res judicata, the legal framework offers a nuanced pathway for addressing disputes. The Arbitration and Conciliation Act, 1996 (the Act) while not explicitly addressing the matter of re-initiating proceedings…
Seat vs Venue of Arbitration: Vishwanathan Committee resolves the long standing debate and paves the way for ODR

Seat vs Venue of Arbitration: Vishwanathan Committee resolves the long standing debate and paves the way for ODR

Introduction In the constantly evolving landscape of dispute resolution, the arbitration process has stood out as a preferred method for its efficiency, confidentiality, and binding nature. However, the Arbitration and Conciliation Act, 1996, which has been the cornerstone of arbitration proceedings in India, has not been without its ambiguities and…
Enforceability of Interim Reliefs Granted by Arbitral Tribunals: A Legal Analysis

Enforceability of Interim Reliefs Granted by Arbitral Tribunals: A Legal Analysis

Introduction Section 17 of the Arbitration and Conciliation Act, 1996 (The “Act”), plays a pivotal role in strengthening the independent functionality of the arbitration ecosystem in India. The provision empowers the arbitral tribunal to issue interim measures, ensuring the preservation of subject matter, procedural adherence, and effective enforcement of arbitral…
Arbitral Award passed by Unilaterally Appointed Arbitrator cannot be Challenged later if Previously Uncontested – Delhi High Court

Arbitral Award passed by Unilaterally Appointed Arbitrator cannot be Challenged later if Previously Uncontested – Delhi High Court

Introduction The Delhi High Court, in the case of Arjun Mall Retail Holdings Pvt Ltd v. Gunocen Inc [FAO (COMM) 31/2021 & CM APPL. 5051/2021] [Arjun Mall Case], held that if any party fails to challenge the unilateral appointment of the arbitrator(s) at an earlier stage, then such party cannot challenge the…