LIJDLR

August 12, 2024

ARBITRATION: A STREAMLINED ALTERNATIVE TO COURT LITIGATION

Volume II Issue II /

ARBITRATION: A STREAMLINED ALTERNATIVE TO COURT LITIGATION Sumit Kumar, B.A.LL.B/5th/ 9th Student. Download Manuscript Arbitration has emerged as a pivotal alternative to traditional court litigation, offering a more efficient, flexible, and confidential method for resolving disputes. This article explores the arbitration process, focusing on its key features, advantages, and the relevant legal framework in India. Central to this framework is the Arbitration and Conciliation Act, 1996, which aligns with international standards and provides a structured approach to both domestic and international arbitration. Recent amendments, including those introduced by the Arbitration and Conciliation (Amendment) Acts of 2015, 2019, and 2021, have further enhanced the efficiency and credibility of arbitration in India by introducing fast-track procedures, establishing the Arbitration Council of India, and updating the standards for arbitrators. The article also examines related laws such as the Indian Contract Act, 1872, and the Insolvency and Bankruptcy Code, 2016, which complement and support the arbitration process. Key features of arbitration include its voluntariness, neutrality, flexibility, and confidentiality, making it an attractive option for resolving various types of disputes, from commercial conflicts to international investment disputes. Additionally, the article addresses emerging trends in arbitration, such as the integration of technology and the push for greater transparency, which are shaping the future of dispute resolution. Overall, arbitration offers a streamlined, effective alternative to court litigation, catering to the evolving needs of global and domestic stakeholders. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 655-673. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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GREEN TAXONOMY: INDIA’S NEED OF AN HOUR

Volume II Issue II /

GREEN TAXONOMY: INDIA’S NEED OF AN HOUR Kinjal Suchak, BBA-LLB, 5th year, 9th semester, Student at ICFAI Law School, IFHE, Hyderabad Download Manuscript One of the concerns in the fast-growing economies worldwide is about meeting sustainable development goals without compromising business growth. In today’s corporate world, sustainability is a necessary concept, and it requires the attention of both individuals and corporations. Green taxonomy is the key framework to help investors make informed investment decisions for contributing to the company’s social responsibility, i.e., green financing. This paper aims to address the importance of developing regulations to maneuver in reaching our sustainable development goals and reducing the impact of emissions on the planet. It is navigating through the understanding of green taxonomy, the developments made by other countries, and India’s stand on it, highlighting the steps taken by the financial regulators in the Indian economy. The green taxonomy would not just provide a mechanism to tackle greenwashing but also many other climate concerns that are not yet identified and addressed by our nation. The paper gives an overview of the European Union legislation on sustainable activities. Various other countries have also framed a systematic regulation to deal with green investments while some are in the process of making one. This paper suggests that Indian policymakers need to shift their focus on developing a green taxonomy, a precise framework addressing all the needs of green finance world which in turn would lead to a holistic approach towards climate change, help economies to ensure proper utilization of funds in sustainable activities and reach our lower carbon emissions goals and shifting towards a greener economy on international level. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 639-654. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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REDEFINING FUTURES: CRIMINOLOGICAL AND LEGAL APPROACHES TO JUVENILE DELINQUENT REHABILITATION

Volume II Issue II /

REDEFINING FUTURES: CRIMINOLOGICAL AND LEGAL APPROACHES TO JUVENILE DELINQUENT REHABILITATION Download Manuscript Bidisha Kole, B.A.LL. B (Calcutta University); LL.M in Corporate Law from Bankura University and now working as a practicing Advocate in C.M.M. Court at Calcutta. Juvenile delinquency presents a complex challenge with widespread implications for societies worldwide. In India, as in many other countries, complex interplay of social, economic, & cultural factors contributes to occurrence & persistence of juvenile delinquency. Drawing upon a comprehensive review of literature, highlights the significance of understanding the behavioral characteristics and underlying causes of delinquency, emphasizing the need for early identification and intervention to prevent recidivism. The paper critically evaluates the efficacy of existing legal frameworks and institutional mechanisms in rehabilitating juvenile offenders, identifying gaps and proposing strategies for improvement. Moreover, the paper underscores the importance of preventive strategies and community-based interventions in addressing key issues of juvenile delinquency. Key findings reveal that comprehensive community-based programs, including vocational training and family counselling, significantly reduce recidivism rates. Additionally, investment in mental health services is crucial for addressing underlying psychological issues among juvenile offenders. This study contributes to a deeper insight of juvenile delinquency & rehabilitation practices in India, offering some insights for policymakers, practitioners, & researchers seeking to promote effective juvenile justice reform and improve outcomes for vulnerable youth. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 620-638. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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CHALLENGES IN JUDGES APPOINTMENT : IDENTITY, IDEOLOGY AND CONFLICT

Volume II Issue II /

CHALLENGES IN JUDGES APPOINTMENT : IDENTITY, IDEOLOGY AND CONFLICT Download Manuscript Yashi Srivastava, 3rd year B.A.LL.B. at Student at Symbiosis Law School ,Noida The appointment of judges in India has been a subject of intense scrutiny and debate, reflecting the nation’s commitment to upholding the principles of judicial independence, accountability, and constitutional governance. This research critically analyses the evolution, challenges, and comparative aspects of India’s judicial appointment mechanism, with a focus on understanding its historical background, the establishment of the Collegium System, and the dynamics between Supreme Court and High Court appointments. Drawing upon insights from international models, particularly the United States, the research seeks to propose recommendations for reforming the existing system to enhance transparency, accountability, and judicial independence. Through a comprehensive analysis of historical antecedents, judicial precedents, and comparative perspectives, this research aims to contribute to the ongoing discourse on judicial reform in India. The study underscores the necessity of a balanced approach to maintain the judiciary’s integrity while ensuring meritocratic and diverse appointments. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 606-619. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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