March 2019

EUTHANASIA

Euthnasia Fundamental Rights are necessary for leading a dignified and fulfilling life. Probably the most important Fundamental Right in the Indian Constitution is the Right to Life under Article 21. It provides for the protection of life and personal liberty. It states: no person shall be deprived of his life and personal liberty except according to procedure established by law. However, the question to end one’s life needs to be answered. Under Article 21 many rights are covered such as the right to legal aid, right to clean environment etc.  An important question raised in many cases is whether ‘right to...

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Efficiency and Cost vs. Procedural Fairness and Substantive Quality in International Commercial Arbitration

What is Arbitration? Arbitration is the method of concluding the dispute between parties that is decided by the third neutral party. That neutral party is known as an arbitrator or panel of arbitrators. A matter of arbitration is decided keeping in mind the principles of natural justice and the laws related to arbitration. It is one of the most successful ways of resolving the dispute between parties. The International Commercial Arbitration is one of the ways of arbitration in which parties from two different countries are involved. The arbitration proceedings can be conducted at a common institution (institutional arbitration) or through...

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Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Introduction The root of sexual harassment goes deep down into the patriarchy of our society. According to this perception, it can be seen that men are superior to women. Also, the same perception makes some forms of sexual violence against women is acceptable. One of these forms is workplace sexual harassment. It is one of the gross violations of women’s right to equality and dignity. Men often believe it to be as ‘harmless flirting’ or ‘natural’ male behavior. However, when seen from the other side, one cannot expect what imprints it leaves on a women’s heart. The acts of sexual...

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INSTITUTIONAL ARBITRATION IN INDIA: UPCOMING NEED OF THE HOUR

Arbitration is the new way of resolving disputes as the burden on the Court is increasing. With the changing times, there have been advancements in settling the case with the help of arbitration. There are two ways to conduct the process of arbitration: Ad-hoc Arbitration The parties to arbitration decide the procedure to be followed in ad-hoc arbitration beforehand. Else wise, by the arbitral tribunal once the process of arbitration has begun. All matters like a number of arbitrators, place, and date of proceedings etc, will be looked into by the parties. It is the responsibility of the appointed arbitrator(s) to...

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INTERNATIONAL COMMERCIAL ARBITRATION

Introduction Arbitration, Negotiation, Conciliation, and Mediation are the upcoming ways of Alternate Dispute Resolution of resolving a matter as the Courts are overloaded with the cases. Arbitration is the way of deciding the dispute between parties with the help of an arbitrator which is neutral to both parties. Either by the Court or by the parties themselves can appoint the arbitrator. Moreover, International Commercial Arbitration (ICA) is the preferred option to solve the disputes between two parties who belong to different countries. The increase in international trade has led to an increase in cross-border commercial disputes, thus increasing the need for a mechanism...

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New Wheel of Arbitration

Introduction With the increasing number of cases, there have to be different ways to litigate any lawsuit. Arbitration is one such a way of Alternate Dispute Resolution. Other forms of Alternate Dispute Resolution are Negotiation, Conciliation, and Mediation. In simple terms, Arbitration is the way of deciding the dispute between parties with the help of an arbitrator which is neutral to both the parties. Either by the Court or by the parties themselves can appoint arbitrators. Moreover, The methods of Alternative Dispute Resolution (ADR) are more advantageous than the judicial system. This is because it helps in saving time and cost, quick...

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NEW STANDARDS FOR DELIVERING JUSTICE

The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 has been enacted to lower the burden on the Courts. Under the act, the Commercial Courts have been given the power to adjudicate commercial disputes and the commercial disputes are defined in the widest possible terms so as to cover within its ambit almost all kinds of disputes in relation to a ‘commercial transaction’. It includes disputes relating to transactions between merchants, bankers, financiers, traders, etc.  In relation to shareholders agreements, it includes mercantile documents, and partnership agreements, amongst others. The state governments shall nake Commercial Courts at the...

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