Alternative Dispute Resolution
Alternative Dispute Resolution

Author: Shashank Garg

Publisher: Oxford University Press, USA

Published: 2018-01-09

Total Pages: 400

ISBN-13: 9780199483617

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Alternative dispute resolution (ADR), as a mechanism to resolve disputes, has gained wide acceptance in India. This is primarily because the traditional adversarial system of dispensing justice is dilatory, expensive, and, many a time, ineffective. The recent spurt in India's economic development coupled with the renewed confidence of foreign investors to invest in India has also made it imperative that India provides a swifter justice delivery system to resolve commercial disputes. The volume examines some of the important aspects of dispute resolution being practiced in India. More than twenty national and international experts from various fields within the domain of dispute resolution have come together to answer some of the most complex issues and shed light on the usage of the best practices of dispute resolution in India. The work aims to enhance the understanding of the legal issues related to dispute resolution, and provides an updated account of law incorporating the recent Arbitration and Conciliation (Amendment) Act, 2015.

Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR)
Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR)

Author: Neelam Tyagi

Publisher: Springer Nature

Published: 2021-04-05

Total Pages: 331

ISBN-13: 9811610150

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This book examines the practice of Alternative Dispute Resolution (ADR) as it stands today in the context of matrimonial disputes and for providing gender justice for women undergoing matrimonial litigation. ADR is a fairly recent but increasingly prevalent phenomenon that has significantly evolved due to the failure of the adversarial process of litigation to provide timely resolution of disputes. The book explores the merit and demerit of traditional litigation process and emergence, socio-legal framework, work environment and success rate of various ADR processes in general and for resolving matrimonial disputes in particular. It comprehensively discusses the role of various institutions and attitudes and perceptions of ADR practitioners. It analyzes the influence of patriarchal cultural assumptions of appropriate feminine behaviour and its effect on ADR practitioners like mediators and counsellors that leads to the marginalization of aggrieved woman’s issues. With a brief analysis of the experience and challenges faced with the way the ADR process is conducted, the focus is on probing the vulnerability of aggrieved women. The book critiques the practice of ADR as it is today and offers constructive ways forward by providing suggestions, insights, and analysis that could bring about a transformation in the way justice is delivered to women. This in-depth study is an attempt to guide decision making by bringing forth and legitimizing the battered women’s voice which often goes unrepresented, in the debate about the efficacy of ADR mechanism in resolving matrimonial disputes. The book is of interest to those working for justice for women, particularly in the context of matrimonial disputes -- legal professionals, mediators, counsellors, judges, academicians, women rights activists, researchers in the field of gender and women studies, social work and law, ADR educators, policymakers and general readers who are inclined and interested in bringing a gender perspective to their area of work.

Arbitration in India
Arbitration in India

Author: Dushyant Dave

Publisher: Kluwer Law International B.V.

Published: 2021-02-24

Total Pages: 532

ISBN-13: 9041182829

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India has a long-standing tradition of dispute resolution through arbitration, with arbitral-type regulations going back to the eighteenth century. Today, amendments to the 1996 Indian Arbitration Act, a steady evolution of case law and new arbitral institutions position India’s vibrant system once more at the forefront of international commercial dispute resolution. In this handbook, over forty members of the international arbitration community in India and beyond offer authoritative perspectives and insights into topics on arbitration that matter in India. International arbitration practitioners, Indian practitioners, and scholars have combined efforts to produce a practical and informative guide on the subject. Among numerous notable features, the contributors provide detailed analysis and description of such aspects of arbitration as the following, with a focus on the Indian context: Indian application of the 1958 New York Convention; law governing the merits of the dispute and awards; investor-state dispute settlement; drafting arbitration clauses for India-centric agreements; managing costs and time; rise of virtual arbitration and technology; effect of public policy in light of extensive Indian jurisprudence; and arbitration of claims relating to environmental damage. Practical features include checklists for drafting arbitration clauses and a comparative chart of major commercial arbitration rules applicable to India. Also included is a comparative analysis of arbitral regimes in India, Singapore and England; chapters on the India Model Bilateral Investment Treaty and ISDS reforms; a special section on the enforcement of foreign awards; a section on the drafting of the award guided by leading arbitrators and stakeholders and a review of the new 2021 ICC Rules. For foreign counsel and arbitrators with arbitrations in India, this complete and up-to-date analysis provides guidelines for practitioners, corporate counsel, and judges on considerations to be borne in mind with respect to arbitration with an Indian nexus and whilst seeking enforcement and execution of an arbitral award in India. It will prove an effective tool for students and others in understanding and navigating the particularities and peculiarities of India’s system of domestic and international commercial arbitration.

The Future of Dispute Resolution
The Future of Dispute Resolution

Author: Michael Legg

Publisher: Butterworth-Heinemann

Published: 2013

Total Pages: 297

ISBN-13: 9780409332766

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Discusses the greater range of dispute resolution mechanisms that have developed in recent years and the need to match disputes with processes. It takes a holistic approach by looking at litigation, arbitration, mediation and other developing forms of resolution procedures and how they may develop in the future.

Alternative Dispute Resolution of Shareholder Disputes in Hong Kong
Alternative Dispute Resolution of Shareholder Disputes in Hong Kong

Author: Ida Kwan Lun Mak

Publisher: Cambridge University Press

Published: 2019-12-19

Total Pages: 277

ISBN-13: 1108329314

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The landscape of shareholder dispute resolution in Hong Kong has changed vastly since the launch of the Civil Justice Reform in 2009. Key initiatives - the voluntary court-connected scheme and reform of the statutory unfair prejudice provisions - were employed to promote the greater use of alternative dispute resolution (ADR) in shareholder disputes. While the Hong Kong government and judiciary introduced such schemes to prove the legitimacy of extra-judicial over court-based litigation processes, their success is still uncertain. In this book, socio-legal theory and sociological institutionalism are used to develop a theoretical framework for analyzing the key stages of institutionalization. The author analyzes how procedural innovations could acquire legitimacy through different types of legal and non-legal inducement mechanisms within the institutionalization process. Recommendations on codifying and innovating ADR policy in Hong Kong shareholder disputes are also made with comparison to similar policies in the United Kingdom, South Africa and New Zealand.

Non-Adversarial Justice
Non-Adversarial Justice

Author: Michael King

Publisher: Federation Press

Published: 2014-07-04

Total Pages: 353

ISBN-13: 1760020222

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This book outlines key aspects of the use of non-adversarial practices in the Australian justice system with reference to similar developments in the United States, Canada, New Zealand and the United Kingdom. It examines in detail non-adversarial theories and practices such as therapeutic jurisprudence, restorative justice, preventive law, creative problem solving, holistic law, appropriate or alternative dispute resolution, collaborative law, problem-oriented courts, diversion programs, indigenous courts, coroners courts and managerial and administrative procedures.

A History of Alternative Dispute Resolution
A History of Alternative Dispute Resolution

Author: Jerome T. Barrett

Publisher: John Wiley & Sons

Published: 2004-10-19

Total Pages: 330

ISBN-13: 0787975427

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A History of Alternative Dispute Resolution offers a comprehensive review of the various types of peaceful practices for resolving conflicts. Written by Jerome Barrett—a longtime practitioner, innovator, and leading historian in the field of ADR—and his son Joseph Barrett, this volume traces the evolution of the ADR process and offers an overview of the precursors to ADR, including negotiation, arbitration, and mediation. The authors explore the colorful beginnings of ADR using illustrative examples from prehistoric Shaman through the European Law Merchant. In addition, the book offers the historical context for the use of ADR in the arenas of diplomacy and business.

Digital Justice
Digital Justice

Author: Ethan Katsh

Publisher: Oxford University Press

Published: 2017-03-09

Total Pages: 265

ISBN-13: 0190464593

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Improving access to justice has been an ongoing process, and on-demand justice should be a natural part of our increasingly on-demand society. What can we do for example when Facebook blocks our account, we're harassed on Twitter, discover that our credit report contains errors, or receive a negative review on Airbnb? How do we effectively resolve these and other such issues? Digital Justice introduces the reader to new technological tools to resolve and prevent disputes bringing dispute resolution to cyberspace, where those who would never look to a court for assistance can find help for instance via a smartphone. The authors focus particular attention on five areas that have seen great innovation as well as large volumes of disputes: ecommerce, healthcare, social media, labor, and the courts. As conflicts escalate with the increase in innovation, the authors emphasize the need for new dispute resolution processes and new ways to avoid disputes, something that has been ignored by those seeking to improve access to justice in the past.