LIJDLR

Arbitration

THE EVOLUTION OF ALTERNATIVE DISPUTE RESOLUTION IN CORPORATE CONFLICTS: INTEGRATING ARBITRATION, MEDIATION, AND ONLINE DISPUTE RESOLUTION IN THE DIGITAL ERA

Volume III Issue IV /

THE EVOLUTION OF ALTERNATIVE DISPUTE RESOLUTION IN CORPORATE CONFLICTS: INTEGRATING ARBITRATION, MEDIATION, AND ONLINE DISPUTE RESOLUTION IN THE DIGITAL ERA Parth Attry, LLB final year student, UILS, Chandigarh University, Gharuan, Mohali, Punjab (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.118 Alternative Dispute Resolution (ADR) has undergone a significant transformation in the corporate realm, evolving from traditional arbitration and mediation methods into more sophisticated and technologically driven mechanisms. This evolution reflects the pressing need to provide efficient, accessible, and cost-effective dispute resolution alternatives tailored to the complexities of contemporary corporate conflicts. The integration of arbitration, mediation, and Online Dispute Resolution (ODR) represents a paradigmatic shift that harnesses digital tools to streamline processes while expanding access to justice. However, implementing digital ADR mechanisms introduces a multifaceted array of challenges, including technical limitations, data security concerns, transparency issues, and the potential for bias embedded in artificial intelligence algorithms. Legal and ethical considerations further complicate the deployment of technology-driven dispute resolution, necessitating a reexamination of foundational principles such as fairness, accountability, and confidentiality. This article explores the trajectory of ADR in corporate disputes, emphasising the interplay of legal frameworks and technological innovation. It argues for the development of a harmonised hybrid ADR system combining human oversight with AI-powered analytics to maintain procedural integrity. Policy recommendations focus on enacting uniform legislation to recognise ODR outcomes, fostering international cooperation to address jurisdictional complexities, and establishing rigorous digital security standards. By synthesising normative legal theory with contemporary technological developments, this study contributes to the broader discourse on establishing a reliable, transparent, and future-ready corporate dispute resolution architecture in the digital era. Overall, this paper seeks to contribute toward reimagining corporate dispute resolution in the digital era, where technological innovation coexists with ethical responsibility and legal certainty.

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THE SCOPE FOR EQUITABLE RELIEFS IN ARBITRATION PROCEEDINGS

Volume III Issue III /

THE SCOPE FOR EQUITABLE RELIEFS IN ARBITRATION PROCEEDINGS Deepti, BALLB, 7th semester student at MERI Professional and Law Institute (India) Khushi Dubey, BALLB, 7th semester student at MERI Professional and Law Institute (India). Download Manuscript doi.org/10.70183/lijdlr.2025.v03.102 Arbitration has gone on to become a favourite dispute resolution mechanism that is fast, confidential, and flexible in contrast to the traditional litigation. nevertheless, it is its contractual structure that tends to restrain tribunals to the explicit content of agreements, and does not allow much consideration with regard to fairness. This essay focuses on the increasing trend towards equitable forms of relief (including injunctions, specific performance, rectification and rescission) in arbitration, specifically in the context of international commercial dispute. It relies on the references made to Indian and international practice to emphasise that equity can fall between the inflexible legalities and justice in more complicated dealings. The analysis includes statutory provisions in the Indian Arbitration and Conciliation Act 1996, case law interception of decisions as in the case of Sundaram Finance Ltd. v. NEPC India ltd., and comparative approaches of jurisdiction as in UK, US and Singapore. It also takes into consultation the issue of enforceability, jurisdictional gaps and lack of standardized precedents. After all, the paper concludes that fair remedies ceased being a sideshow; they are gradually becoming legitimate in arbitral practice. They make sure that arbitration is not only a tool of fast resolving a dispute but also it can produce the results that are based on the conscience, fairness, and substance of justice.

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CRITICAL ANALYSIS OF BENAMI TRANSACTION ACT

Volume II Issue III /

CRITICAL ANALYSIS OF BENAMI TRANSACTION ACT Deepanshi Choudhary, Student at UPES Dehradun, Uttarakhand. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.1 The Benami Transactions Act is an Indian legal framework enacted to combat the practice of purchasing property in another person’s name to conceal ownership. In simple language, it deals with situations in which people hide their ownership of assets such as real estate, residences, or investments. This abstract provides a clear and brief description of the Benami Transactions Act’s critical examination. This critical examination delves deeply into the Act’s significance in the prevention of corruption and illegal financial activity. The Act prohibits a dishonest behaviour by defining what constitutes a benami transaction and imposing fines on those who are involved in this. The Act also empowers the government to take benami properties, so prohibiting their exploitation. The Benami Transactions (Prohibition) Act, 1988[1](Jaiswal, 2024), commonly known as the Benami Transactions Act, was introduced to curb the practice of holding property under false names and prevent tax evasion in India. This paper examines the development, policy and impact an act, 1988 has been amended. with special emphasis on its 2016 amendments, which significantly expand the scope and effectiveness of the law. It also examines implementation challenges, including identity issues, court complexity, and balancing enforcement and protection of legitimate interests Compared to circumstances pre- and post-reform. The paper further examines the challenges faced in the implementation of the Act, such as the burden of proof, retrospective application, and potential misuse by authorities. Therefore, the Benami Transactions Act is very crucial in order to prevent financial frauds and corruption[2] (gupta & Pandey, 2023). It is based on proper implementation and states how to overcome potential challenges. Individuals and the government can collaborate to maintain transparency and providing justice in property transfers by recognizing the scope and restrictions of this act. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 01-13. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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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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Alternative Dispute Resolution Mechanism In India: Limitations And Recommendations

Volume I Issue III /

ALTERNATIVE DISPUTE RESOLUTION MECHANISM IN INDIA: LIMITATIONS AND RECOMMENDATIONS Khalid Ali Khan Afridi, Undergraduate student at PSIT Kanpur Download Manuscript ABSTRACT Alternative Dispute Resolution (ADR) mechanisms have gained significant importance in India as an alternative to traditional litigation methods for resolving disputes. This research paper aims to critically analyze the effectiveness of ADR mechanisms in the Indian context and highlight their advantages and limitations. The paper begins by providing an overview of the ADR mechanisms commonly used in India including negotiation mediation arbitration and conciliation. It explores the legal framework governing ADR in the country with specific emphasis on the Arbitration and Conciliation Act of 1996 and the Mediation and Conciliation Rules of 2004. Firstly, it evaluates the accessibility of ADR mechanisms and analyzes whether they provide a cost-effective and time-efficient alternative to litigation. Secondly the paper explores the level of awareness and acceptance of ADR among various stakeholders including legal professionals, judges and litigants. It also delves into the role played by the Indian judiciary in promoting ADR and reducing the burden on courts. Additionally, the research paper critically evaluates the efficiency and enforceability of ADR outcomes in India. It analyzes the credibility and impartiality of ADR practitioners the quality of their training and accreditation and the enforceability of ADR awards and settlements. Furthermore, the paper considers the role of technology in supporting ADR processes and the potential challenges associated with its implementation. The paper also highlights the advantages of ADR mechanisms in India such as confidentiality flexibility and preserving relationships between parties. Lastly, the research paper identifies certain limitations and challenges that hinder the widespread adoption of ADR mechanisms in India. These include a lack of awareness and education resistance from certain sections of the legal community inconsistent judicial support and the need for a robust infrastructure to support ADR processes. This research paper provides a comprehensive analysis of the alternative dispute resolution mechanisms in India exploring their effectiveness advantages limitations and the challenges they face. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue III, Page 136- 151. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content Alternative Dispute Resolution Mechanism In India: Limitations And Recommendations Parallel Paths: Analysing The Overlapping Jurisdiction Of Cci And Sectoral Regulators In India CONTEMPORARY CONSTITUTIONAL CHALLENGES IN INDIA : AN ANALYSIS OF KEY ISSUES ADMINISTRATION OF A NON-GOVERNMENTAL ORGANISATION ENVIRONMENTAL LAWS IN INDIA: A COMPREHENSIVE ANALYSIS​ UNIFORM CIVIL CODE ( UCC ) :- APPLICATION & IMPLEMENTATION

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