Everybody has a right to be defended, and every lawyer has a duty to defend people accused. And my office is to defend him, to discuss the accusation point by point, as I think this is a normal step in a democracy.

- Mario Puzo

Recent developments in Arbitration

  • By virtue of the 2019 Amendments to Arbitration and Conciliation Act, 1996 Section 3A is inserted which empowers Hon’ble Supreme Courts & High Courts to designate Arbitral Institutions

ADR/ODR Institutions are uniquely positioned to track developments within the ADR landscape and advance good practices being followed internationally and remove lacunae in administering Arbitrations that end up wounding in court defeating some of the reasons parties opt for ADR

IDAC India has represented some such issues in Parliamentary Committees and recommended statutory changes that will increase industries use of Arbitration


Early case assessment and Advisory

  • With development in Law & practice for addressing your disputes multiple ways to deal and many processes have also emerged.
  • At early stages Parties and even lawyers are evaluating the pros and cons of their case and IDAC India strives to provide a neutral 360 degree advise keeping in mind the legal and technical landscape relevant to your case

Mediation Developments and future

  • In addition to Conciliation being provided in Arbitration & Conciliation Act – Chapter IIIA of Commercial Courts Act, 2015 amended in 2018 provides for mediation or settlement to take place before institution of suit
  • Mediation is gaining significant ground within Indian Judiciary and conciliatory dialogue is also increasingly being recognized as a mode of Dispute Resolution
  • A different law for Mediation may also be passed in the near future
  • IDAC India recognizes the practical scope of Mediation/Conciliation and its gaining significance globally
  • Institutionally we have Mediation Rules and are actively working on a separate panel of mediators to encourage private mediation
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