A clear guide to ADR in India - arbitration, mediation, conciliation, Lok Adalat & ODR. See how each works, what it costs, and when to use it instead of court.
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,…
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 2019 judgment by the Hon’ble Supreme Court of India in Perkins Eastman (link here) is considered to be the authoritative verdict on impartiality of arbitrators and unilateral appointment of arbitrators. The decision is often cited as the basis for setting aside of arbitral proceedings where a single party has the power to…
In the ever-evolving landscape of digital commerce, the Open Network for Digital Commerce (ONDC) stands out as a beacon of innovation. In this dynamic environment, the efficient resolution of disputes is paramount to ensure the seamless functioning of the ecosystem. Enter CADRE, a pioneering Online Dispute Resolution (ODR) institution, ushering…
When businesses or individuals engaged in commercial activities encounter conflicts or disagreements, these are known as commercial disputes. Such disputes can stem from various facets of business transactions, contractual agreements, or commercial relationships. Here are several typical instances of commercial disputes: Breach of Contract: This involves disputes that arise when…
Introduction In the realm of dispute resolution, arbitrators and conciliators serve as vital pillars of a just and equitable process. Beyond their technical expertise, these neutral third parties shoulder significant ethical obligations that underpin the integrity and fairness of the proceedings. This article delves into the ethical responsibilities inherent to…