The Mediation Act, 2023: Safeguards, Shackles and Paradoxes

A blanket ban or limiting the overriding effect of the Act may exclude cases where mediation would serve well. 

Source: Bar and Bench

Project M for Mediation is Underway

Project M for Mediation is underway with effect from 1 January 2024 with the announcement of the M for Mediation Video Podcast Contest.

Source: MKMS Website

Make Pre-Litigation Mediation for Commercial Cases Voluntary: Sanjeev Sanyal of EAC-PM

The Economic Advisory Council to the PM (EAC-PM) has proposed making the pre-litigation mediation for commercial cases voluntary, similar to civil cases, saying it will reduce the timeline of dispute resolution in such cases by three to five months and lower the legal costs that entrepreneurs have to bear. 

Source: Economic Times

Minor Disputes: Govt proposes Panchayat-Level Mediation amid Huge Backlog of Cases 

Amid a huge backlog of cases across several tiers of the judiciary and high litigation expenses, the Centre is proposing gram panchayat-level mediation for small civil and criminal issues, inspired by Bihar and Himachal Pradesh.

Source: Economic Times

Alternative Dispute Resolution: Why It Doesn’t Work and Why It Does

What had gone wrong? Was ADR really just an empty promise? We believed it was not, but the lack of success with ADR at so many companies prompted us to take a closer look at how managers were implementing the ADR process. 

Source: HBR

Government to pay Fee of Empanelled Mediators in Consumer Cases 

Empanelled mediators in consumer cases will now be paid a fee in the range of Rs 3,000-5,000 by the government which will lead to the settlement of more complaints through mediation cells, the Consumer Affairs Ministry said. The ministry took a decision in this regard after a series of consultations with various stakeholders, and during regional workshops held in northeastern and northern states, an official release said. 

Source: Economic Times

Section 20 CPC does not apply to Arbitration Proceedings even where a Cause of Action has Accrued

The Delhi High Court observed that Section 20 of the Code of Civil Procedure (CPC) does not apply to arbitration proceedings, even if a cause of action, whether trivial or significant, has accrued.

Source: Verdictum

Section 34 of Arbitration Act and Timely Disposal: Two Roads that Never Meet

The disposal of Section 34 petitions before the Delhi High Court is, on average, taking 1,327 days or roughly more than 3.5 years.

Source: Bar & Bench

ICC releases Guide for Disability Inclusion in International Arbitration and ADR

ICC has released a guide on Disability Inclusion in International Arbitration and ADR produced by the ICC Commission on Arbitration and ADR. This ground-breaking publication provides clear guidance to address and accommodate the needs of people with disabilities participating in arbitral and ADR procedures or other activities and events in the field of dispute prevention and resolution. 

Source: ICC

Inartistic Drafting of Arbitration Clause

A party cannot be allowed to take advantage of inartistic drafting of an arbitration clause when the intent to arbitrate is clear, says the Bombay High Court.

Source: Verdictum

Arbitration Clause in General Insurance Policies 

Arbitration clauses in general insurance policies is now only for commercial lines of business. The retail policies are excluded as retail/individual policyholders have multiple avenues for redressal of grievances, says IRDAI.

Source: The Hindu

Arbitration Clause allowing One Party to appoint 2/3 of Arbitral Tribunal Not Enforceable

The Delhi High Court in Taleda Square Pvt Ltd v Rail Land Development Authority, ARB has held that an arbitration clause wherein one of the contracting parties has the power to appoint the 2/3rd members of the arbitral tribunal and has compelled the other party to choose its nominee arbitrator from a narrow panel of only 5 names is not enforceable in law.

Source: The Daily Guardian

Nano Project: Arbitral Tribunal awards ₹765.78 Crores to Tata Motors

In a major victory for Tata Motors in the fight against West Bengal for cancelling its Nano small car project, which forced the company to relocate the project to Sanand in Gujarat, a three-member arbitration tribunal has made the final award of ₹765.78 crores to Tata Motors as per its claims.

Source: The Hindu

The Future of (Compulsory) ADR in Business Disputes

Considered as a cheaper, quicker and less stressful mode of dispute resolution, alternative dispute resolution (“ADR”) is no longer seen as an “alternative”, and indeed has been re-named “NDR” (negotiated dispute resolution) to reflect that. Instead, it is becoming an integral part of the dispute resolution process – one which is focussed on achieving earlier and less costly resolution over which parties have control rather than engaging in an often expensive, drawn-out dispute before the court with an uncertain outcome. Here we explore where its future lies and what this means for your business.

Source: jdsupra.com