NUJS Journals West Bengal National University of Juridical Sciences
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ORAL AWARDS
Get PDFOral arbitral awards are rare but they exist. They are prohibited or made inapplicable by most arbitral institutions yet they remain lawful under the national laws of some highly reputable jurisdictions. In what limited contexts are oral awards issued and why would parties, in the first place, accept and later comply with an oral award? With documentary support and without the pretention of exhaustiveness, the author identifies two main distinct factual settings where oral awards are issued, explores the underlying justifications for each, and argues that the expected court enforcement difficulties – in these specific settings – are exaggerated, if not irrelevant, when parties cannot and do not want to enforce the decision in court. For the most part, however, oral awards will continue to be rare and inadvisable
ONLINE DISPUTE RESOLUTION IN INDIA: CURRENT POSITION AND THE WAY AHEAD
Get PDFOver the last two decades, a gradual shift from traditional litigation formats to various methods of Alternate Dispute Resolution has been visible in India. The onset of the Covid-19 pandemic gave a major boost to these changing patterns of dispute resolution. In this context, the emergence of Online Dispute Resolution can either be seen as a systemic response to the pandemic or inevitable evolution of the classical Alternate Dispute Resolution mechanisms. Tracking the shift from traditional methods of litigation to Alternate Dispute Resolution and eventually to Online Dispute Resolution, this Article attempts to analyse the corresponding developments in the Indian legal framework and the judicial response thereto. The Article posits that even though Online Dispute Resolution is a relatively new phenomenon in India which lacks explicit legal recognition, the judicial system and the legislature are progressively warming up to the idea and recognising its benefits. In this context, this paper shall explore the potential of implementing ODR, particularly e-arbitrations, in India. Part I shall offer a brief introduction to the topic. Part II shall discuss the rules laid down by various arbitral bodies on e-arbitrations. Part III shall lay down the international guidelines and protocols on e-arbitrations. Part IV shall analyse the issues in implementing ODR in India. Part V shall examine solutions to mitigate these issues, and finally. Part VI shall offer concluding remarks
