What Debt Recovery Costs Look Like: Court vs ODR on a ₹2 Lakh Default
Online dispute resolution costs less than court on a ₹2 lakh default. Compare debt recovery costs across both to see which route protects your returns.
Secured Logs: Furthering Tech Enabled Fairness
Authored by Saurabh Nambiar and Subbaiah KG Sometime ago, during a regular conversation, an individual raised a straightforward yet important question:“Once I’ve submitted a claim or response on the ODR, how do I trust it wasn’t changed/tampered later?” In a physical courtroom, seals, signatures, and case files offer that assurance.…
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…
Inclusivity in Online Dispute Resolution Processes | Multi Lingual Support
As our world becomes increasingly connected through the power of the internet, the need for efficient and effective dispute resolution mechanisms has grown. Online dispute Resolution (ODR) has emerged as a viable solution, providing individuals and businesses with a convenient and accessible way to resolve conflicts without the need for…
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
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
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…
Non-Signatories in Arbitration Agreements | Supreme Court’s recent take on Group of Companies Doctrine
Introduction On December 6, 2023, a five-judge bench (Constitution Bench) of the Supreme Court, in the case Cox & Kings Ltd. v. SAP India Pvt. Ltd., (ARBIT. PETITION № 38/2020) (Cox & Kings Case) held that an arbitration agreement can bind non-signatories and acknowledged the incorporation of the Group of Companies Doctrine…
Enforcing Arbitration Clauses in Unstamped Contracts | A Huge Step Forward
Introduction In a significant development, the Supreme Court of India, comprising a 7-judge bench, reversed a prior decision by a 5-judge bench on the enforceability of arbitration clauses in unstamped contracts. The case stemmed from a question raised in the M/s. N. N. Global Mercantile Pvt. Ltd. v. M/s. Indo Unique…
Supreme Court’s Landmark Judgment on Constitutionality of Arbitration Agreement
Introduction In a landmark judgment of Lombardi Engineering Ltd v. State of Uttarakhand, the Supreme Court held that an arbitration agreement clause, inconsistent with the Constitution of India, cannot be enforced. The Bench comprising of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra deliberated on an application submitted…