Tech-Enabled Fairness at CADRE ODR

Tech-Enabled Fairness at CADRE ODR

By Subbaiah KG and Unnat Akhouri In online arbitration, where parties never meet the neutral in person, trust relies entirely on the process. Here, perceived fairness becomes as critical as actual fairness, and any suggestion of bias can erode confidence in the outcome and entire process of dispute resolution.  The…
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…
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…
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…
Feedback & Ratings for Dispute Resolution Professionals: Enhancing Dispute Resolution Excellence

Feedback & Ratings for Dispute Resolution Professionals: Enhancing Dispute Resolution Excellence

Arbitrators & Conciliators or Dispute Resolution Professionals (DRPs) are the backbone of the dispute resolution sector, especially in the newly emerging Online Dispute Resolution (ODR) space. The ODR industry is characterised by high levels of transparency and efficiency in dispute resolution and DRPs are expected to demonstrate several skillsets to…
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…