Non-Signatories in Arbitration Agreements | Supreme Court’s recent take on Group of Companies Doctrine

Non-Signatories in Arbitration Agreements | Supreme Court’s recent take on Group of Companies Doctrine

Introduction On December 6, 2023, a five-judge bench (Constitution Bench) of the Supreme Court, in the case Cox & Kings Ltd. v. SAP India Pvt. Ltd., (ARBIT. PETITION № 38/2020) (Cox & Kings Case) held that an arbitration agreement can bind non-signatories and acknowledged the incorporation of the Group of Companies Doctrine…
Manual Legal Documentation: A Paper Chase in the Digital Age (and How AI is Leading the Way Out, and helping ODR)

Manual Legal Documentation: A Paper Chase in the Digital Age (and How AI is Leading the Way Out, and helping ODR)

The legal world thrives on precision and clarity. Every contract, every clause, every comma carries weight, shaping destinies and defining rights. Yet, the backbone of this intricate system — legal documentation — often remains shrouded in the analog shadows of the past. Mountains of paper and a labyrinthine process of…
Attributes of an Effective Conciliator

Attributes of an Effective Conciliator

Introduction Conciliation is a form of Alternative Dispute Resolution (ADR) Mechanism where a neutral third party, know as the conciliator, assists the disputing parties to reach a mutually acceptable resolution. In the process of conciliation, two key requirements emerge: Firstly, a genuine commitment from the involved parties to resolve the…
Streamlining Equity: The Role of Operations & Automation in Online Dispute Resolution Platforms

Streamlining Equity: The Role of Operations & Automation in Online Dispute Resolution Platforms

In an intricate dance between law and technology, Online Dispute Resolution (ODR) platforms are leveraging cutting-edge operations and automation to redefine the dispute resolution landscape. Operations teams in ODR platforms have emerged as allies to dispute resolution professionals, offering a myriad of solutions that not only bring transparency and equity,…
Data Protection & Online Dispute Resolution

Data Protection & Online Dispute Resolution

Introduction There has been a perceptible uptick in the adoption and acceptance of Online Dispute Resolution (ODR) in India during the last two years. A necessary corollary to this development, as with any digital platform, are concerns around data security & privacy. The 2015 cyber attack on the Permanent Court…
Supreme Court’s Landmark Judgment on Constitutionality of Arbitration Agreement

Supreme Court’s Landmark Judgment on Constitutionality of Arbitration Agreement

Introduction In a landmark judgment of Lombardi Engineering Ltd v. State of Uttarakhand, the Supreme Court held that an arbitration agreement clause, inconsistent with the Constitution of India, cannot be enforced. The Bench comprising of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra deliberated on an application submitted…
UNCTAD Report on ODR and Consumer Disputes

UNCTAD Report on ODR and Consumer Disputes

Introduction The UNCTAD recently came up with a report titled ‘Technology and the Future of Online Dispute Resolution Platforms for Consumer Protection Agencies (UNCTAD/TCS/DITC/INF/2023/5).’ The report not only explores the impact of technology on the future of ODR platforms, particularly in relation to consumer protection agencies, but also highlights how the…