Secured Logs: Furthering Tech Enabled Fairness

Secured Logs: Furthering Tech Enabled Fairness

Authored by Saurabh Nambiar and Subbaiah KG Sometime  ago, during a regular conversation, an individual raised a straightforward yet important question:“Once I’ve submitted a claim or response on the ODR, how do I trust it wasn’t changed/tampered later?” In a physical courtroom, seals, signatures, and case files offer that assurance.…
Tech-Enabled Fairness at CADRE ODR

Tech-Enabled Fairness at CADRE ODR

By Subbaiah KG and Unnat Akhouri In online arbitration, where parties never meet the neutral in person, trust relies entirely on the process. Here, perceived fairness becomes as critical as actual fairness, and any suggestion of bias can erode confidence in the outcome and entire process of dispute resolution.  The…
Arbitration in Employer-Employee Disputes: Lessons from Infosys and Wipro Cases

Arbitration in Employer-Employee Disputes: Lessons from Infosys and Wipro Cases

In India’s fast-evolving corporate landscape, disputes between senior executives and employers—especially around severance agreements, breach of confidentiality, and employment bonds—are becoming more visible. Online Dispute Resolution (ODR), especially online arbitration, is gaining traction as a faster, cost-effective, and more confidential alternative to traditional litigation. Two prominent cases—the Infosys–Rajiv Bansal arbitration…
Decoding Alternate Dispute Resolution

Decoding Alternate Dispute Resolution

Perhaps thirty years ago, the legal industry was one commonly associated with criminal proceedings or the resolving of complex disputes between large business tycoons. The very idea of litigation incurred images of lengthy court hearings, a king’s ransom of fees to pay, and professional grudges borne between those engaged in…
CADRE ODR Sample Arbitration Clauses

CADRE ODR Sample Arbitration Clauses

Adding any of the below arbitration clauses to agreements or contracts or purchase orders is the simplest way to start using CADRE Online Arbitration Services. These clauses can be used in a variety of situations viz rentals, loans, purchase orders, service agreements, investment agreements, software purchases, procurement, invoices for services,…
The Supreme Court Ruling on Unilateral Arbitrator Appointment: A Step Forward for Institutional Arbitration

The Supreme Court Ruling on Unilateral Arbitrator Appointment: A Step Forward for Institutional Arbitration

In a landmark decision, a 5-Judge Constitution Bench of the Supreme Court of India declared the unilateral appointment of arbitrators as a violation of the principles of fairness, impartiality, and equality in arbitration. This pivotal judgment, delivered in Central Organisation for Railway Electrification v. M/s ECI SPIC SMO MCML (JV), reinforced…
The Integration of Emergency Arbitration into ODR Platforms: Challenges, Opportunities, and Future Prospects

The Integration of Emergency Arbitration into ODR Platforms: Challenges, Opportunities, and Future Prospects

Introduction Parties often choose arbitration in anticipation of a swift resolution to their disputes. However, the reality is that complex commercial arbitrations frequently endure prolonged proceedings before reaching a finality. At times, obtaining urgent interim relief becomes essential to safeguard the subject matter of the arbitration in such scenarios. The…
Guardians of Justice: Navigating the Crucial Role of Data Privacy in Online Dispute Resolution Platforms

Guardians of Justice: Navigating the Crucial Role of Data Privacy in Online Dispute Resolution Platforms

In the ever-evolving landscape of digital dispute resolution, the spotlight is now firmly on the crucial role of data privacy. As we entrust our conflicts to Online Dispute Resolution (ODR) platforms, the safeguarding of sensitive information becomes paramount. This article explores the intricate dance between justice and privacy, shedding light…
Navigating the Complexities of Re-initiation in Arbitration: A Legal Perspective on Res Judicata and Fresh Proceedings

Navigating the Complexities of Re-initiation in Arbitration: A Legal Perspective on Res Judicata and Fresh Proceedings

In the complex landscape of arbitration, particularly in the context of the principles governing the re-initiation of proceedings and the applicability of res judicata, the legal framework offers a nuanced pathway for addressing disputes. The Arbitration and Conciliation Act, 1996 (the Act) while not explicitly addressing the matter of re-initiating proceedings…