JustAct

Joined May 2022

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JustAct is an Online Dispute Resolution (ODR) platform and is set up by lawyers & professionals. Solve legal disputes out of the courts through arbitration, mediation, and negotiation.

Stories (7/0)

The basics of Online Dispute Resolution
Before and through the pandemic, the world changed radically. One would observe that there is a massive concentration of wealth and intellectual property. As a consequence, there are a select few people holding power in one hand, and many trying to oppose them on the other.
By JustAct7 months ago in Criminal
LIMITATION IN ARBITRATION
Part I Introduction The Limitation Act, 1963 is a legislation that bars legal remedy to those who have not exercised their right to act on a particular issue within the bounds of time prescribed by the law. Such limitation has been placed upon the legal rights of persons not to deprive them of their rights but to provide the necessary motivation to exercise them. The legislation finds its roots in the legal maxim, vigilantibus non dormientibus jura subveniunt, i.e., the law assists the vigilant and not those who are sluggish in asserting their rights.
By JustAct9 months ago in Criminal
NON-ARBITRABLE CASES
Introduction Alternative Dispute Resolution as a means of settling disputes out of court is gaining precedence across the world. Most disputes that arise may be resolved through methods such as arbitration, conciliation and mediation amongst alternative options of redressal. However, there are certain classes of disputes that cannot be resolved as easily. They are non-arbitrable in the sense that requisite authority has not been provided under the law to resolve them privately. For instance, Section 2(3) of the Arbitration Mediation and Conciliation Act, 1996 (“A & C Act) ousts the jurisdiction of arbitral tribunals wherein the laws in force provide that the particular dispute is not arbitrable.
By JustAct10 months ago in Criminal
Perkins Eastman Judgement: Impact on the Appointment of a Sole Arbitrator
The judgement examined whether a case was made out for the exercise of power by the Court to make an appointment of an arbitrator, alongside the question of whether the Chairman and Managing Director were ineligible to nominate an arbitrator. Taken further, the Court expounded on whether a person having an interest in the dispute or in the outcome or decision thereof, must not only be ineligible to act as an arbitrator but also must not be eligible to appoint anyone else as an arbitrator.
By JustAct11 months ago in Confessions
Enforcement of Foreign Arbitral Awards
Introduction Effective and speedy dispute resolution mechanisms for domestic and global investors are essential in order to facilitate the growth of business, trade and commercial transactions across the globe. If foreign awards are not properly enforced within the country, the purpose of resorting to swifter methods of resolution is defeated and the parties may be compelled to take recourse to the traditional legal system. It is in this context that the proper enforcement of foreign arbitral awards in the country is crucial.
By JustActabout a year ago in Criminal
Culture of mediation: why has it not picked up in India?
Introduction Alternate Dispute Resolution (ADR) refers to modes by which disputes may be resolved without taking recourse to the court system. Mediation, among other ADR options, offers voluntary participation, flexibility, confidentiality, speedy and cost-effective solution-finding with the assistance of the mediator, a third party with no stake in the outcome. Litigation prolongs disputes, relationships between parties break down due to the protracted nature of the process and the outcome is determined in favour of only one party. ADR developed as a mode to counteract the less than desirable effects of litigation.
By JustActabout a year ago in Longevity
Tackling pending cases in Indian Courts
Every year, a minimum of five crore cases are filed across various courts of India. Even as some of these cases stay pending for over ten years, judges dispose of only two crores. This is inefficient and ineffective as well. But recognizing a problem requires recognition of its causes. Here are the primary causes that you need to know.
By JustAct2 years ago in Criminal