Avineet Singh Chawla, Author at CADRE ODR Blog https://cadreodr.com/blog/author/avineet India’s Simplest Online Dispute Resolution Platform Thu, 27 Feb 2025 14:05:15 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.3 Technological Revolution in Arbitration: the Expert Committee’s Game-Changing Recommendation https://www.cadreodr.com/blog/adr-alternate-dispute-resolution/technological-revolution-in-arbitration-the-expert-committees-game-changing-recommendation Thu, 11 Apr 2024 12:34:00 +0000 https://cadreodr.com/blog/?p=102 Introduction The Expert Committee headed by Shri T.K. Vishwanathan (set up on June 12, 2023), has meticulously examined the functioning of the Arbitration Law in India and has released major recommendations for amendment of the Arbitration and Conciliation Act, 1996 (‘the Act’). The committee’s focus on recommending reforms to the…

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]]> 102 Navigating the Complexities of Re-initiation in Arbitration: A Legal Perspective on Res Judicata and Fresh Proceedings https://www.cadreodr.com/blog/adr-alternate-dispute-resolution/navigating-the-complexities-of-re-initiation-in-arbitration-a-legal-perspective-on-res-judicata-and-fresh-proceedings Tue, 09 Apr 2024 13:41:00 +0000 https://cadreodr.com/blog/?p=108 In the complex landscape of arbitration, particularly in the context of the principles governing the re-initiation of proceedings and the applicability of res judicata, the legal framework offers a nuanced pathway for addressing disputes. The Arbitration and Conciliation Act, 1996 (the Act) while not explicitly addressing the matter of re-initiating proceedings…

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]]> 108 Seat vs Venue of Arbitration: Vishwanathan Committee resolves the long standing debate and paves the way for ODR https://www.cadreodr.com/blog/adr-alternate-dispute-resolution/seat-vs-venue-of-arbitration-vishwanathan-committee-resolves-the-long-standing-debate-and-paves-the-way-for-odr Tue, 09 Apr 2024 08:43:00 +0000 https://cadreodr.com/blog/?p=105 Introduction In the constantly evolving landscape of dispute resolution, the arbitration process has stood out as a preferred method for its efficiency, confidentiality, and binding nature. However, the Arbitration and Conciliation Act, 1996, which has been the cornerstone of arbitration proceedings in India, has not been without its ambiguities and…

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]]> 105 Enforceability of Interim Reliefs Granted by Arbitral Tribunals: A Legal Analysis https://www.cadreodr.com/blog/adr-alternate-dispute-resolution/enforceability-of-interim-reliefs-granted-by-arbitral-tribunals-a-legal-analysis Mon, 04 Mar 2024 10:44:00 +0000 https://cadreodr.com/blog/?p=112 Introduction Section 17 of the Arbitration and Conciliation Act, 1996 (The “Act”), plays a pivotal role in strengthening the independent functionality of the arbitration ecosystem in India. The provision empowers the arbitral tribunal to issue interim measures, ensuring the preservation of subject matter, procedural adherence, and effective enforcement of arbitral…

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]]> 112 Arbitral Award passed by Unilaterally Appointed Arbitrator cannot be Challenged later if Previously Uncontested – Delhi High Court https://www.cadreodr.com/blog/adr-alternate-dispute-resolution/arbitral-award-passed-by-unilaterally-appointed-arbitrator-cannot-be-challenged-later-if-previously-uncontested-delhi-high-court Fri, 23 Feb 2024 09:48:00 +0000 https://cadreodr.com/blog/?p=115 Introduction The Delhi High Court, in the case of Arjun Mall Retail Holdings Pvt Ltd v. Gunocen Inc [FAO (COMM) 31/2021 & CM APPL. 5051/2021] [Arjun Mall Case], held that if any party fails to challenge the unilateral appointment of the arbitrator(s) at an earlier stage, then such party cannot challenge the…

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]]> 115 Non-Signatories in Arbitration Agreements | Supreme Court’s recent take on Group of Companies Doctrine https://www.cadreodr.com/blog/adr-alternate-dispute-resolution/non-signatories-in-arbitration-agreements-supreme-courts-recent-take-on-group-of-companies-doctrine Thu, 18 Jan 2024 07:52:00 +0000 https://cadreodr.com/blog/?p=118 Introduction On December 6, 2023, a five-judge bench (Constitution Bench) of the Supreme Court, in the case Cox & Kings Ltd. v. SAP India Pvt. Ltd., (ARBIT. PETITION № 38/2020) (Cox & Kings Case) held that an arbitration agreement can bind non-signatories and acknowledged the incorporation of the Group of Companies Doctrine…

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]]> 118 Attributes of an Effective Conciliator https://www.cadreodr.com/blog/adr-alternate-dispute-resolution/attributes-of-an-effective-conciliator Thu, 11 Jan 2024 13:50:00 +0000 https://cadreodr.com/blog/?p=121 Introduction Conciliation is a form of Alternative Dispute Resolution (ADR) Mechanism where a neutral third party, know as the conciliator, assists the disputing parties to reach a mutually acceptable resolution. In the process of conciliation, two key requirements emerge: Firstly, a genuine commitment from the involved parties to resolve the…

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]]> 121 Enforcing Arbitration Clauses in Unstamped Contracts | A Huge Step Forward https://www.cadreodr.com/blog/adr-alternate-dispute-resolution/enforcing-arbitration-clauses-in-unstamped-contracts-a-huge-step-forward Mon, 25 Dec 2023 13:55:00 +0000 https://cadreodr.com/blog/?p=126 Introduction In a significant development, the Supreme Court of India, comprising a 7-judge bench, reversed a prior decision by a 5-judge bench on the enforceability of arbitration clauses in unstamped contracts. The case stemmed from a question raised in the M/s. N. N. Global Mercantile Pvt. Ltd. v. M/s. Indo Unique…

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]]> 126 Data Protection & Online Dispute Resolution https://www.cadreodr.com/blog/adr-alternate-dispute-resolution/data-protection-online-dispute-resolution Tue, 19 Dec 2023 14:00:00 +0000 https://cadreodr.com/blog/?p=130 Introduction There has been a perceptible uptick in the adoption and acceptance of Online Dispute Resolution (ODR) in India during the last two years. A necessary corollary to this development, as with any digital platform, are concerns around data security & privacy. The 2015 cyber attack on the Permanent Court…

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]]> 130 Is Arbitration clause in the Terms and Conditions of the Tax Invoice valid and binding? https://www.cadreodr.com/blog/adr-alternate-dispute-resolution/is-arbitration-clause-in-the-terms-and-conditions-of-the-tax-invoice-valid-and-binding Mon, 27 Nov 2023 12:04:00 +0000 https://cadreodr.com/blog/?p=133 On 16.11.2023, the Calcutta High Court, in the case R.P. Infosystems Pvt Ltd v. Redington (India) Limited (AP 626 of 2018), ruled that a party is bound by an arbitration clause included in a tax invoice if the terms and conditions outlined in the invoice are accepted and acted upon by the…

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