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Blog posts : "arbitration"

Recovery of dues by MSME Enterprises under MSME Development Act

Micro, Small and Medium Enterprises (MSMEs) are vital for the economic growth and development of India. They contribute significantly to the GDP, employment, exports and innovation of the country. However, one of the major challenges faced by MSMEs is the delay or non-payment of their dues by their buyers, which affects their cash flow, working capital and profitability.

To address this issue, the MSME Development Act, 2006 (the Act) provides a legal framework for the protection and promotion…

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Arbitration and Conciliation Act, 1996 - Its success and failures in the Indian Context with regard to commercial arbitrations.

Arbitration is a form of alternative dispute resolution (ADR) that allows parties to settle their disputes without going to court. Arbitration is governed by the Arbitration and Conciliation Act 1996 (the Act) in India, which is based on the UNCITRAL Model Law on International Commercial Arbitration 1985. The Act aims to provide a speedy, efficient, and cost-effective mechanism for resolving commercial disputes through arbitration.

The Act has been amended twice, in 2015 and 2019, to address …

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Lecture on International Commercial Arbitration In India

With increase in International Trade and Cross Border Business Transactions, Cross Border commercial Disputes are getting common and therefore need of mechanism for effective dispute resolution and for preserving business relations arise. INTERNATIONAL ARBITRATION has emerged as a preferred option of resolving cross border commercial disputes.Section 2(1)(f) of the Act defines an International Commercil Arbitration as a legal relationship which must be considered commercial, where either of …

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Lecture on Process of Arbitration in India

Arbitration is an alternative disputes resolution (ADR) mechanism which is adversarial in nature. However, the court is not deciding on the disputes between the parties and it is left to the arbitrator appointed by parties themselves or Chief Justice of High Court/ Supreme Court to decide on the disputes amongst the parties.

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