Articles

Pre-Institution Mediation and Settlement

With an eye on reducing the back-logs in the courts across India, as also to specifically provide for the speedy disposal of commercial disputes, the Indian Parliament enacted ‘The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015’ (Commercial Courts’ Act) which even covers all applications and appeals arising out of domestic and international arbitrations under the provisions of the Arbitration & Conciliation Act, 1996 (A&C Act, 1996).

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Neutral Evaluation - Yet One More ADR Mechanism For Resolving Disputes

Mediation and arbitration get all the ink in the ADR press, but more and more "neutral evaluation" is becoming the #ADR technique of choice. For certain types of cases, or at certain points in the life of a case, Neutral Evaluation can often be a better choice than mediation or arbitration -- although ultimately it works best when used as a prelude to either of those processes. Neutral evaluation, which has nearly all the benefits of mediation and arbitration and is truly an ADR technique whose time has come.

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Neutral Evaluation : Pros & Cons

Neutral Evaluation was originally conceived as a case management tool. It was designed to provide the parties with an early, efficient and meaningful opportunity to communicate about their dispute; to move them and their counsel to meet early to clarify issues and identify areas of agreement; and to assess realistically, the relative strengths and weaknesses of their positions, thus encouraging early settlements.

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Speedy Resolution of Commercial Disputes

Resolved to realize a positive change in the global discernment about the Indian justice conveyance framework by making a domain for quick transfer of commercial question, the Indian Government has enacted the Commercial Courts, Commercial Division and Commercial Appellate Division of the High Courts Act, 2015 (the "Commercial Courts Act"). As per the Commercial Courts Act coming into power, different State Governments and the Chief Justices of the High Courts have set up the required lawful structure for the arbitration of commercial question.

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