Alternate Dispute Resolution

From Social Contracts to Smart Contracts: Navigating Decentralization, Blockchain, and Kleros Arbitration

In this post, the author addresses how Blockchain operates independently of the internet, necessitating the use of an oracle as a connection point. This oracle serves as a conduit between the blockchain and the real world, conveying information about real-world events. They further discuss how as Blockchain technology underwent a separation from currency and its potential applications were being explored in various financial and interorganizational transactions, Blockchain 2.0 emerged to facilitate transactions beyond currency

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Decoding Key Provisions of the Mediation Act 2023

India is the world’s largest democracy, with a population of over 140 crore. It is only natural to assume that the dispute resolution mechanism of the country would be speedy and cost effective. Yet, an overwhelming majority somehow still is stuck in litigation and court shackles.
This post talks about an alternative to the struggles of many, Mediation and Conciliation. The author starts off by establishing the contextual foundation of the Mediation Act 2023, with respect to cases pronounced by domestic courts and guidelines set by other international forums.
Then a deep look is taken into the key provisions of the Mediation Act to understand major problems that the act aims to cater and resolve along with its potential to engage the dispute resolution in India.

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Party Autonomy Conundrum Vis-à-Vis Arbitration

In this post, the authors critically analyze the applicability of the Group of Companies Doctrine in arbitration proceedings and highlight the importance of party consent and autonomy in light of the international arbitration rules. The authors identify the conflicting stance of Indian Courts while analyzing the impact of Arupri Judgement on this conflict.

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TCLF ONE-ON-ONE| Ep. 39| Working at International Arbitration Institutions ft. Ms. Ereblinda Sadiku

In the latest episode of the TCLF One-on-One Series, We were honoured to host Ms. Ereblinda Sadiku who talks about Responsibilities of a Counsel at an International Arbitration Institution, Institutional vs. Ad-Hoc Arbitrations and Teaching Methods in Civil Law jurisdictions

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Draft Mediation Bill

Draft Mediation Bill, 2021: A Preliminary Analysis

In our latest editorial, the authors attempt to provide a brief analysis of the Draft Mediation Bill 2021, focusing firstly on some of its significant provisions and the positives attached to them. The authors then highlight some of the gaps that exist in the legislation and require further deliberation.

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