This document provides an overview of alternative dispute resolution (ADR) in India. It defines ADR as resolving disputes through non-litigation methods like arbitration, mediation, negotiation and conciliation. The document traces the history of ADR in India from ancient times to its growing importance today to reduce court backlogs. It discusses how ADR began in village dispute resolution and continued during the Mughal and British rule periods. Major legislation supporting ADR is also outlined, as well as its advantages of faster and cheaper dispute settlement compared to litigation.
Alternative Dispute Resolution (ADR) [LLB -309] cpjcollege
Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of
professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
Get all the information related to companies act 2013/1956 including its rules, draft rules, forms, notifications, circulars, orders, definitions, guidelines, schedules, etc.
https://www.nclt.in/
Alternative Dispute Resolution (ADR) [LLB -309] cpjcollege
Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of
professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
Get all the information related to companies act 2013/1956 including its rules, draft rules, forms, notifications, circulars, orders, definitions, guidelines, schedules, etc.
https://www.nclt.in/
Get all the information related to companies act 2013/1956 including its rules, draft rules, forms, notifications, circulars, orders, definitions, guidelines, schedules, etc.
https://www.nclt.in/about.php
· IntroductionArbitration refers to dispute resolution is .docxoswald1horne84988
· Introduction
Arbitration refers to dispute resolution is it is a sort of private judicial determination of a given dispute usually by an independent third party. It can involve independent arbitrators or a tribunal that has any given number of arbitrators although in some legal systems, recommend that arbitrators be of an odd number so that they cannot tie. The parties that are disputing normally hand their powers to the arbitrators who should decide on dispute. In one hand, arbitration can be an alternative to a court action. It is also wise to note that arbitration process is so binding. The main aim of arbitrating is to get just and fair resolution of disputes by a third party who are impartial with no delay or much expense. The parties that are involved in a dispute also have to agree on the process of the dispute resolution and courts are not allowed to interfere. These are some principles of arbitration.
Negotiation on the other hand is a dialogue between two or more parties or individuals with the intention of reaching a beneficial outcome on any dispute or conflict(Derains & Schwartz, 2015). In negotiation, the parties should allow each other enough opportunities to be heard so that the conflict can be solved peacefully without involving the courts.
· Arbitration of disputes in Saudi Arabia
In Saudi Arabia, the body that paramount in law is the Shariah. This is a collection or principles that are founded from different given sources such as from the Islamic Holy Quran as well as from the Sunnah that are also based on four Islamic school of jurisprudence; the Hanbali, Hanafi, Maliki and Shafi. There are some statutory enactments that are not present in Saudi Arabian law, such as the law that governs mortgages and other security interests. Shariah Law is also founded from legislation that is adopted in different forms ranging from royal decrees, Council of Ministers resolutions, ministerial resolutions, and even departmental circulars. However, it is good to note that these laws and regulations are in most cases in conflict with the provisions of Shariah because their applications do not align with Islamic principles.
The Basic Law for instance came into action in 1992 and the King during this time dealt with any matter that arose in society. Both the Basic Law, the Consultative Law, the Council of Ministers Law as well as the Provincial Councils Law were all done by the royal king and he also had powers to removal any of them when he decided. In addition, the royal decrees were used in approving any international treaty or concession, amendments or any other enactments that were recommended by the council of ministers(Baamir, 2016). This same council of ministers is given the permission to adopt any resolutions that regulate given issues without any decree from the royalking. On the other hand, resolutions of ministers can be used by any minister according to the power given to then by the given law. These are also the resolution.
A Critical Examination of the Mediation Bill, 2021_ India's Dispute Resolutio...Free Law - by De Jure
Mediation is an example of ADR. ADR, or Alternate Dispute Resolution, refers to methods for resolving disagreements between people that do not include a formal trial. ADR processes are less formal than typical court proceedings and help to save money while obtaining quick results.
Alternative dispute resolution and civil litigation barriers to access to jus...QUESTJOURNAL
ABSTRACT: Civil law is the predominate system of law in the world. Civil law as a legal system is often compared with common law. The main difference that is usually drawn between the two system is that common law drawn abstract rules from specific cases, whereas civil law with abstract rules which judges must then apply to the various cases before them. Civil law has its roots in Roman law, Common law and the Enlightenment, alongside influence from other religious laws such as Islamic Law. The legal system in many civil law countries are based around one or several codes of law which set out the main principles that guide the law. On the other hand, Criminal Law as offences and prescribes punishment for them. It not only precludes or prevents crimes but also punish the offender. It is necessary for the maintenance of law, order and peace within state. In criminal cases, it is the state which initiates proceeding against the offender. Laws relating to the Civil Proceeding as the Code of Civil Procedure 1908; the Civil Courts Act 1887; the Suit Valuation Act 1887; the Limitation Act 1908; the Registration Act 1908; & the Specific Relief Act 1877.
If you need help in securing your business against conflicts, disputes and arguments? You are at the right place!
Private court is legal, trusted fast and simple justice providing platform.
Visit us to know more at : https://bit.ly/2NbTFAA
In response to rising court costs, delays and congestion, the need to facilitate access to justice and to provide more 'effective' forms of dispute resolution, the phenomenon known as ADR was born.
This presentation provides an overview of Alternative Dispute Resolution (ADR) and different ADR mechanisms used all over the world.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Get all the information related to companies act 2013/1956 including its rules, draft rules, forms, notifications, circulars, orders, definitions, guidelines, schedules, etc.
https://www.nclt.in/about.php
· IntroductionArbitration refers to dispute resolution is .docxoswald1horne84988
· Introduction
Arbitration refers to dispute resolution is it is a sort of private judicial determination of a given dispute usually by an independent third party. It can involve independent arbitrators or a tribunal that has any given number of arbitrators although in some legal systems, recommend that arbitrators be of an odd number so that they cannot tie. The parties that are disputing normally hand their powers to the arbitrators who should decide on dispute. In one hand, arbitration can be an alternative to a court action. It is also wise to note that arbitration process is so binding. The main aim of arbitrating is to get just and fair resolution of disputes by a third party who are impartial with no delay or much expense. The parties that are involved in a dispute also have to agree on the process of the dispute resolution and courts are not allowed to interfere. These are some principles of arbitration.
Negotiation on the other hand is a dialogue between two or more parties or individuals with the intention of reaching a beneficial outcome on any dispute or conflict(Derains & Schwartz, 2015). In negotiation, the parties should allow each other enough opportunities to be heard so that the conflict can be solved peacefully without involving the courts.
· Arbitration of disputes in Saudi Arabia
In Saudi Arabia, the body that paramount in law is the Shariah. This is a collection or principles that are founded from different given sources such as from the Islamic Holy Quran as well as from the Sunnah that are also based on four Islamic school of jurisprudence; the Hanbali, Hanafi, Maliki and Shafi. There are some statutory enactments that are not present in Saudi Arabian law, such as the law that governs mortgages and other security interests. Shariah Law is also founded from legislation that is adopted in different forms ranging from royal decrees, Council of Ministers resolutions, ministerial resolutions, and even departmental circulars. However, it is good to note that these laws and regulations are in most cases in conflict with the provisions of Shariah because their applications do not align with Islamic principles.
The Basic Law for instance came into action in 1992 and the King during this time dealt with any matter that arose in society. Both the Basic Law, the Consultative Law, the Council of Ministers Law as well as the Provincial Councils Law were all done by the royal king and he also had powers to removal any of them when he decided. In addition, the royal decrees were used in approving any international treaty or concession, amendments or any other enactments that were recommended by the council of ministers(Baamir, 2016). This same council of ministers is given the permission to adopt any resolutions that regulate given issues without any decree from the royalking. On the other hand, resolutions of ministers can be used by any minister according to the power given to then by the given law. These are also the resolution.
A Critical Examination of the Mediation Bill, 2021_ India's Dispute Resolutio...Free Law - by De Jure
Mediation is an example of ADR. ADR, or Alternate Dispute Resolution, refers to methods for resolving disagreements between people that do not include a formal trial. ADR processes are less formal than typical court proceedings and help to save money while obtaining quick results.
Alternative dispute resolution and civil litigation barriers to access to jus...QUESTJOURNAL
ABSTRACT: Civil law is the predominate system of law in the world. Civil law as a legal system is often compared with common law. The main difference that is usually drawn between the two system is that common law drawn abstract rules from specific cases, whereas civil law with abstract rules which judges must then apply to the various cases before them. Civil law has its roots in Roman law, Common law and the Enlightenment, alongside influence from other religious laws such as Islamic Law. The legal system in many civil law countries are based around one or several codes of law which set out the main principles that guide the law. On the other hand, Criminal Law as offences and prescribes punishment for them. It not only precludes or prevents crimes but also punish the offender. It is necessary for the maintenance of law, order and peace within state. In criminal cases, it is the state which initiates proceeding against the offender. Laws relating to the Civil Proceeding as the Code of Civil Procedure 1908; the Civil Courts Act 1887; the Suit Valuation Act 1887; the Limitation Act 1908; the Registration Act 1908; & the Specific Relief Act 1877.
If you need help in securing your business against conflicts, disputes and arguments? You are at the right place!
Private court is legal, trusted fast and simple justice providing platform.
Visit us to know more at : https://bit.ly/2NbTFAA
In response to rising court costs, delays and congestion, the need to facilitate access to justice and to provide more 'effective' forms of dispute resolution, the phenomenon known as ADR was born.
This presentation provides an overview of Alternative Dispute Resolution (ADR) and different ADR mechanisms used all over the world.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
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1. Dr Ashu Dhiman
Concept of ADR
Meaning, Nature and Genesis of
Alternative Dispute Resolution
2.
3. Lawyer as a Peace maker
“Discourage litigation. Persuade your neighbours
to compromise whenever you can. Point out to
them how the nominal winner is often the real
loser- in fees and expenses and waste of time. As
a peace maker the lawyer has a superior
opportunity of being a good man. There will still
be enough business” – Abraham Lincoln
4. Alternate Dispute Resolution-
Meaning
The process for settling a dispute without
litigation by various methods like arbitration,
mediation, negotiation, conciliation and Lok
Adalat is Called Alternate Dispute Resolution.
5. The term Alternate Dispute Resolution comprised
of Alternate (which directly indicates to be
something other than state sponsored
mechanism i.e Litigation) + Dispute
Resolution (which indicates the peaceful
resolution of the dispute in consensual
sense).
6. Definition of ADR
Alternative Dispute Resolution includes
alternative methods of helping people resolve
legal problems before going to court. There is an
involvement in of an independent third person,
called a “neutral” who tries to help resolve or
narrow the areas of conflict in ADR. Alternate
Dispute Resolution means the wide variety of
methods by which conflicts and disputes are
resolved other than through litigation.
7. Alternative Dispute Resolution refers to any
means of settling disputes outside of the
courtroom. ADR typically includes early neutral
evaluation, negotiation, conciliation, mediation,
and arbitration. As burgeoning court queues,
rising costs of litigation, and time delays
continue to plague litigants, more states have
begun experimenting with ADR programs.
Some of these programs are voluntary; others
are mandatory.
8. Alternate dispute Resolution does wonders to
help reducing the burden of litigation from the
courts of law and has proved to be a peaceful
mechanism to resolve the disputes.
9. Alternate dispute Resolution (ADR) may be
termed as alternative of the conventional
techniques of dispute resolution such as
litigation. It is a motion for evolving constructive
approach and mindset towards dispute
resolution. Therefore ADR means and include:
A substitute to long established litigation method.
It consists of mechanisms and techniques for
resolving disputes other than ordinary exercise
of litigation.
It is a non- judicial process.
It is not an alternate to traditional method in
restrictive sense.
10. Salem Bar Association vs. Union
of India
The Supreme Court of India in Salem Bar
Association vs. Union of India ((2005) 6 SCC
344), has requested prepare model rules for
Alternative Dispute Resolution and also draft
rules of mediation under section 89(2)(d) of Code
of Civil Procedure, 1908.
11. Nature of ADR
‘Alternative dispute resolution’ is a combination of
words that literally means to solve the dispute by
alternative mechanisms. As mentioned above,
these are techniques of dispute settlement
outside of the traditional government judicial
process and solve disputes by mutual
understanding between the parties. ADR is extra
support to the judicial system by easing the
burden on the same. It is less expensive and
time-efficient.
According to Justice Mustafa Kamal, “it is a non-
formal settlement of legal and judicial dispute as
a means of disposing of cases quickly and
12. Advantages of ADR
ADR can be initiated at any time, when the parties to
dispute desire to do so.
This mechanism provides the speedy justice as compared
to the litigation process. It is less time consuming and cost
effective too.
ADR is a flexible mechanism.
A neutral person helps both the parties in reaching to a
peaceful conclusion to the dispute.
ADR methods reduce the burden of courts and pendency
of cases.
ADR Reduce the gravity of contentious issues between the
parties.
The results of the ADR process can be kept confidential if
the parties so choose.
Parties have an increased chance of preserving their
business and social relationship.
13. Disadvantages of ADR
With the exception of arbitration, where the arbitrator makes a
binding decision, the ADR process may not always yield a
resolution. This means that money and time could be invested in
a process that does guaranteed resolution
The finality and binding nature of an arbitrator’s decision can
sometimes be viewed as a disadvantage because it may not
always please the parties and courts will often refuse to review it.
The neutral party – arbitrator, mediator, conciliator, will charge a
fee for their time and expertise and depending on their popularity,
these fees may be substantial. A judge, on the other hand,
charges no fee for his decision.
An arbitration clause in a contract is usually binding and courts
will not waive it unless both parties request for litigation.
There is limited protection offered to the parties, especially with
respect to discovery, as the common rules governing discovery
in litigation do not apply.
A mediator, conciliator or arbitrator can only resolve matters
which are civil in nature or which concern money. So, they
cannot make authoritative injunctive orders.
14. GENESIS/ DEVELOPMENT OF
A.D.R.:
The force of Alternate Dispute Resolution
originated in the United States of America to
discover the options of the time consuming and
highly-priced conventional legal system. The
agreement of legal disputes out of doors the
traditional legal method is prevalent in India. In
the early village systems, the disputes become
settled via way of means of the elders and senior-
most contributors of the village community. Since
the Vedic length while arbitration and mediation
had been the principle types of dispute resolution.
The early treaty of the arbitration became
Bhradarnayaka Upanishad which consisted of
15. Alternate dispute resolution gained immense
importance during the Mughal regime when the
Muslim laws were incorporated in Indian culture. The
laws of Muslims were systematically compiled in a
commentary titled as Hedaya which contained
provisions relating to arbitration. According to Hedaya,
an arbitrator also known as Hakam was to possess
qualities of a Kazi– judge, and his decision was
considered to be binding on parties subject to the
legality and validity of the award.
On the advent of the Britishers in India, a formal legal
system was developed and the alternate dispute
resolution diminished. But the formal legal system
was time-consuming and expensive. So people again
started adopting the A.D.R. methods and it again
picked up the pace.
16. The British Government promulgated the Bengal
Resolution Act, 1722 which had the provision of
referring the dispute to an arbitrator. Later on, the
Code of Civil Procedure was promulgated by the
British Government which also had provisions
regarding A.D.R
17. Pre-independence legislations that
were promulgated by the British
Code of Civil Procedure: The code of civil procedure
which become promulgated in 1859 consisted of segment
312-315 treated the arbitration in suits and sections 316
and 317 which treated arbitration out of doors courtroom
docket intervention. Section 89 of the Code of Civil
Procedure of 1908, consisted of diverse dispute decision
mechanisms particularly arbitration, mediation, conciliation,
and Lok Adalat.
Indian Arbitration Act, 1899: The act is an adoption from
British Arbitration Act, 1889, and also the act was solely
confined to the presidency cities i.e. Calcutta, Bombay,
and Madras. the most feature of the act was that the name
of the intermediator was to be mentioned within the
agreement and the sitting judge also can be the arbitrator..
Arbitration (Protocol and Convention) Act, 1937: This
act was implemented with the object to give effect to the
Geneva Protocol on Arbitration Clauses, 1923, and
Geneva Convention on the Exchange of Foreign Arbitral
Award, 1927.
18. Arbitration Act, 1940: The act restricted solely domestic arbitration. As
per the provisions of the act, the intervention of the court was needed
throughout the continuing of arbitration. once the approaching of the
UNCITRAL model, the govt of India created a brand new Arbitration and
Conciliation Act, 1996 that concerned provisions for the international
commercial arbitration.
Post- Independence when a formal judicial system was established it
was observed that the pendency of cases is increasing day by day and
then the present judicial system is incapable of handling the immense
workload.
Justice Malimath Committee (1989) undertook a comprehensive
review of the operating of the court system and created observations on
the delay when {making a decision|when deciding} of the case and
made recommendations for reducing proceedings and making justice
steady on the market to the people. The committee underlined the ideas
of mediation, arbitration, conciliation, and institution of Lok Adalats.
In the year 1997, the Chief Ministers of States and Chief Justices of the
High court decided to adopt alternate dispute resolution as a means for
the settlement of certain disputes as the system was less expensive and
less time-consuming.
19. Conclusion
The apex court in the case of M/s Guru Nanak
Foundation v. M/s Rattan Singh & Sons (1982 SCR
(1) 842) stated that “Interminable, time consuming,
complex and expensive Court procedures impelled
jurists to search for an alternative forum, less formal,
more effective and speedy for resolution of disputes
avoiding procedural claptrap and this led them to
Arbitration Act, 1940 (Act for short). However, the way
in which the proceedings under the Act are conducted
and without an exception challenged in Courts has
made lawyers laugh and legal philosophers weep.
Experience shows and law reports bear ample
testimony that the proceeding under the Act has
become highly technical accompanied by unending
prolixity, at every stage providing a legal trap to the
unwary. Informal forum chosen by the parties for
expeditious disposal of their disputes has by the
decisions of the Courts been clothed with ‘legalese’ of