THE ADR WAVE IN INDIA WITH SPECIAL EMPHASIS ON THE MEDIATION ACT, 2023 – GROWTH TOWARDS AN EFFICIENT LEGAL SYSTEM

AUTHOR – DEEKSHA JHA, LLM SCHOLAR AT UNIVERSITY SCHOOL OF LAW AND LEGAL STUDIES, GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

BEST CITATION – DEEKSHA JHA, THE ADR WAVE IN INDIA WITH SPECIAL EMPHASIS ON THE MEDIATION ACT, 2023 – GROWTH TOWARDS AN EFFICIENT LEGAL SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 923-991, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Indian legal system has long been burdened with a backlog of cases, necessitating the adoption of alternative dispute resolution (ADR) mechanisms to facilitate quicker and more cost-effective justice delivery. Over the years, ADR has evolved significantly, with arbitration, conciliation, mediation, and Lok Adalats playing a crucial role in reducing litigation pressure. Among these mechanisms, mediation has emerged as a preferred mode of dispute resolution, leading to the enactment of the Mediation Act, 2023, a landmark legislation aimed at institutionalizing and strengthening mediation in India.

Enacted on 14th September 2023, the Mediation Act is expected to enhance India’s position as an ADR-friendly jurisdiction globally by providing a robust legal framework for mediation. While mediation has traditionally been an informal dispute resolution mechanism since the inception of Gram Panchayats, where community mediators played a role in resolving conflicts, this legislation marks a significant step forward in the institutionalization of mediation. Unlike earlier legal provisions that merely included mediation as a subset of ADR, the Mediation Act, 2023, elevates it to an independent and parallel status alongside the Arbitration and Conciliation Act, 1996, thus reinforcing its importance in the Indian legal landscape.

This dissertation provides a comprehensive analysis of the ADR wave in India, with a special emphasis on the Mediation Act, 2023. It traces the historical evolution of ADR, examines the legislative framework, and evaluates the effectiveness of mediation in reducing judicial pendency. The research also highlights key landmark judgments, including Salem Advocate Bar Association v. Union of India (2005)^[1] and Vidya Drolia v. Durga Trading Corporation (2020)^[2], that have shaped ADR jurisprudence in India.

A critical assessment of the Mediation Act, 2023, is undertaken, focusing on its salient features, such as mandatory pre-litigation mediation, online mediation, and community mediation. A unique feature of this act is the provision for urgent interim relief under special circumstances by a tribunal or court, ensuring that parties are not left without immediate recourse when required. Additionally, while mediated settlement agreements hold legal enforceability, they are open to challenge on grounds of fraud, coercion, impersonation, or non-compliance with Section 6 of the Act.

Furthermore, a comparative analysis of India’s ADR framework with international models—such as Singapore’s Mediation Act, 2017, and the United States’ court-annexed mediation system—offers insights into best practices that could enhance India’s mediation landscape. The dissertation concludes with policy recommendations, emphasizing the need for greater awareness, mediator training programs, technological integration (Online Dispute Resolution), and institutional reforms to establish mediation as a primary mode of dispute resolution.

By evaluating the potential of the Mediation Act, 2023, this research underscores the growing significance of ADR in achieving an efficient, accessible, and time-sensitive legal system in India. The findings aim to contribute to ongoing discussions on legal reforms and dispute resolution mechanisms, advocating for a robust mediation culture that aligns with global best practices.

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[1] Salem Advocate Bar Assn. V. Union Of India, (2005) 6 SCC 344

[2] Vidya Drolia V. Durga Trading Corporation (2021) 2 SCC 1

WHO PROTECTS THE UNPROTECTED INTERNATIONAL AND INDIA’S DE FACTO LEGAL AND POLITICAL FRAMEWORKS OF REFUGEES THROUGH THE LENS OF HUMAN RIGHTS

AUTHOR – AMIN DHWANI, STUDENT AT GUJARAT NATIONAL LAW UNIVERSITY, SILVASSA

BEST CITATION – AMIN DHWANI, WHO PROTECTS THE UNPROTECTED INTERNATIONAL AND INDIA’S DE FACTO LEGAL AND POLITICAL FRAMEWORKS OF REFUGEES THROUGH THE LENS OF HUMAN RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 919-922, APIS – 3920 – 0001 & ISSN – 2583-2344

INTRODUCTION

“No one puts their children in a boat unless the water is safer than the land.”

The world has been the witness of massive disruption for multiple times. Whenever we scrutinize the tensed events, wars and agonizing incidents of our history, we only see the one side of coin which conveys the winners and losers of the circumstance. But another side of coin shows the loss of humanity, homicide. No one wins or lose the war but war wins over the humanity. To acquire the humanism in modern era one body have set the milestone, UDHR (united declaration of human rights) the declaration ensures the human rights, the rights which are inalienable from humans. Humans have right to life and when this right gets infringe the human flee for the protection, called refugees. The air of animosity among the nations can’t take away the rights of humans and this is what the International convention of 1951 ensures, 1^st International refugee convention. India was “non-signatory” to the convention, despite of not being the member of convention India performs significant legal and political role in the matter of Refugees. This article explores the intersection of international refugee law, human rights frameworks, and India’s de facto approach to refugee protection.

A ROLE OF INTERNATIONAL COMMERCIAL LAW IN FACILITATING FOREIGN DIRECT INVESTMENT: A CRITICAL ANALYSIS

AUTHOR – ADITI SINGH BHATI* & AQUEEDA KHAN**

* STUDENT AT AMITY LAW SCHOOL

** PROFESSOR AT AMITY LAW SCHOOL

BEST CITATION – ADITI SINGH BHATI & AQUEEDA KHAN, A ROLE OF INTERNATIONAL COMMERCIAL LAW IN FACILITATING FOREIGN DIRECT INVESTMENT: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 1027-1041, APIS – 3920 – 0001 & ISSN – 2583-2344

THE CONCEPT OF FOREIGN DIRECT INVESTMENT

3.1          Introduction

Since the liberalisation policy of 1991, India has increasingly focused on policy reforms and is now considered to be one of the most favoured destinations for foreign investment. During the past year, in a bid to enhance India’s global competitiveness by creating a favourable investment climate, the Government of India (central government or DPIIT) has allowed foreign direct investment (FDI) up to 100 per cent under the automatic route in the telecommunications sector2 in line with previous efforts towards relaxing FDI caps in certain sectors, such as defence and insurance, and up to 20 per cent under the automatic route in the Life Insurance Corporation of India (LIC) (see further in Section II.i, below). The government is actively trying to reduce the compliance burden, as evidenced by the soft launch of the National Single Window System (NSWS) and the creation of a simplified governance regime through amendments to the Insolvency and Bankruptcy Code, 2016, such as the introduction of a pre-packed insolvency process.

“CROSS-BORDER COMMERCIAL DISPUTES AND THE ROLE OF INTERNATIONAL ARBITRATION”

AUTHOR – MRITUNJAY PRATAP SINGH* & PROF. (DR.) DEVENDRA SINGH**

* STUDENT, AMITY LAW SCHOOL, NOIDA

** PROFESSOR, AMITY LAW SCHOOL, NOIDA

BEST CITATION – MRITUNJAY PRATAP SINGH, “CROSS-BORDER COMMERCIAL DISPUTES AND THE ROLE OF INTERNATIONAL ARBITRATION”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 909-918, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Cross-border business disputes, fueled by globalized commerce and investment, have become a common concern in modern international law. These disputes are frequently the result of international contracts, corporate operations, and economic interactions between parties from various jurisdictions. Traditionally, addressing such disputes through litigation in national courts presented substantial problems, including as jurisdictional issues, delays, and competing legal systems. To solve these issues, international arbitration has become the primary method for resolving cross-border economic disputes. It offers an impartial, flexible, and efficient platform for dispute resolution, which has advantages over traditional court methods.

The goal of this dissertation is to investigate the critical role of international arbitration in resolving cross-border business disputes, with a special emphasis on the legal frameworks, procedural processes, and obstacles that parties and tribunals encounter in international arbitration. The paper critically explores the benefits and drawbacks of arbitration, the role of international treaties and conventions, and the effect of national laws on the enforcement and recognition of arbitral rulings. This study also examines the changing character and future of international arbitration considering current technological, economic, and legal advancements.

Keywords: Cross-border M&A, Indian Corporate Law, Competition Law, FEMA, SEBI, GAAR, Due Diligence, Regulatory Compliance, Taxation, International Treaties, Antitrust, Legal Risk Management, Deal Structuring, FDI.

EFFECTIVENESS OF BRANDING STRATEGIES

AUTHOR – NAMEENA .P* & DR.S.MARUTHUVIJAYAN**

* BBA.LLB(HONS), SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU

DR.AMBEDKAR LAW UNIVERSITY, CHENNAI

** ASSISTANT PROFESSOR, SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – SHRISHTI JAISWAL, THE CHILLING EFFECT OF SEDITION LAWS ON PRESS FREEDOM IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 903-908, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Branding strategies play a critical role in shaping consumer perceptions, enhancing brand equity, and driving business success. Branding has evolved a strategic view point which focuses on creating customer value. Brand awareness is found to be the driving force behind purchase intensions. This study explores the effectiveness of various branding strategies, including brand positioning, storytelling, visual identity, and emotional branding, in establishing a strong market presence and customer loyalty. Through  the research identifies key factors contributing to successful branding, such as consistency, authenticity, and audience engagement. The findings highlight that effective branding not only differentiates a product or service but also fosters lasting connections with consumers, ultimately leading to increased brand value and competitive advantage.

keywords for a study on the effectiveness of branding strategies:

Branding, Brand Strategy, Consumer Perception, Brand Loyalty, Brand Identity, Marketing Strategy, Brand Consistency, Competitive Advantage.

THE INSANITY DEFENCE: LEGAL STANDARD AND CONTROVERSIES

AUTHOR – SHRISHTI JAISWAL, STUDENT AT AMITY LAW SCHOOL, NOIDA, UTTAR PRADESH AMITY UNIVERSITY, NOIDA, UTTAR PRADESH

BEST CITATION – SHRISHTI JAISWAL, THE CHILLING EFFECT OF SEDITION LAWS ON PRESS FREEDOM IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 878-902, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract  

As per my research report on ‘insanity defense : legal standard and controversies’, the insanity defense is a legal concept in criminal law which allows a defendant to argue they are not responsible for a crime due to a mental illness or defect at the time of offense. It’s a controversial area, as it raises questions about free will, culpability and treatment of individuals with mental health issues. The legal standard for insanity varies by jurisdiction and it requires a significant impairment in mental functioning that prevents to defendant from understanding the nature of their actions or differentiating right from wrong.  The insanity defense also known as the psychological condition defense and it is an affirmative defence by reason in an unlawful case and arguing that defendant isn’t responsible for their  conduct due to insanity at the time of the felonious act. These provides a comprehensive disquisition of the insanity defense, assaying its legal foundations, difficulties, and broader counteraccusations. excavating into literal  elaboration, psychiatric  perceptivity, and  corner case law. Insanity defense is primarily used in criminal prosecutions. It is based on the assumption that at the time of the crime, the defendant was suffering from severe mental illness and therefore, was incapable of appreciating the nature of the crime and differentiating right from wrong behavior, hence making them not legally accountable for crime. Insanity defense is a legal concept not a clinical. This means that just suffering from a mental disorder is not sufficient to prove insanity. The defendant has the burden of proving the defense of insanity by a preponderance of the evidence which is similar to a civil case. An evaluating a defendant’s mental status examination and briefly discuss the legal standards and procedures for the assessment of insanity defense evaluations.

Keywords: Criminal responsibility, Indian Penal Code Section-84, insanity defense, legal insanity, medical insanity

THE CHILLING EFFECT OF SEDITION LAWS ON PRESS FREEDOM IN INDIA

AUTHOR – ROHAN GUJAR, STUDENT AT AMITY UNIVERSITY MUMBAI MAHARASHTRA

BEST CITATION – ROHAN GUJAR, THE CHILLING EFFECT OF SEDITION LAWS ON PRESS FREEDOM IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 874-877, APIS – 3920 – 0001 & ISSN – 2583-2344

Introduction:

In the largest democracy on the planet, the press is often dubbed the fourth pillar, designed to challenge authority, uncover corruption, and amplify the voices of the people. But what occurs when that voice is stifled by the fear of legal repercussions? In India, the application of sedition laws—a relic from the colonial era—raises significant alarms regarding the state of press freedom.

LEGAL AND REGULATORY APPROACHES TO TECHNOLOGY IN BANKING

AUTHOR – SANJANA AGARWAL, STUDENT AT AMITY LAW SCHOOL, NOIDA, UP

BEST CITATION – SANJANA AGARWAL, LEGAL AND REGULATORY APPROACHES TO TECHNOLOGY IN BANKING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 864-873, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The accelerated introduction of technology in the banking industry has transformed financial services, providing improved efficiency, accessibility, and innovation. In India, various digital initiatives like the Unified Payments Interface (UPI), digital lending platforms, artificial intelligence (AI)-based credit scoring, and blockchain technologies have greatly revamped conventional banking. These development processes have, however, created a series of legal and regulatory issues, such as data privacy and protection, cybersecurity risks, algorithmic discrimination, financial fraud, and regulatory arbitrage.

This article critically reviews the legal and regulatory strategies implemented in India to counter these challenges. It discusses major frameworks and guidelines released by the Reserve Bank of India (RBI), the Ministry of Electronics and Information Technology (MeitY), and other concerned authorities. The study highlights the role of instruments such as the RBI’s digital lending guidelines, regulatory sandboxes, and IT risk management directives in fostering a balance between innovation and regulation. Furthermore, it considers the gaps in existing laws, such as the absence of a comprehensive data protection regime, and evaluates how India can align its policies with global best practices.

Finally, the article advocates a coordinated, responsive, and future-oriented regulatory approach in order to match technological advances in banking with legal protection and institutional strength.

DATA WITHOUT CONSENT: THE COPYRIGHT DILEMMA IN AI DEVELOPMENT

AUTHOR –MEGHNA NAIR, STUDENT OF LL.M – IP, AMITY UNIVERSITY, NOIDA

BEST CITATION – MEGHNA NAIR, DATA WITHOUT CONSENT: THE COPYRIGHT DILEMMA IN AI DEVELOPMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 856-863, APIS – 3920 – 0001 & ISSN – 2583-2344

I. ABSTRACT

This paper critically examines the role of data mining in the development of artificial intelligence (AI), especially in the context of copyright law. As AI systems increasingly rely on large-scale datasets, many comprising copyrighted works for training, the practice of text and data mining (TDM) has become a double-edged sword. On the one hand, it serves as a cornerstone of innovation, enabling machines to simulate human-like reasoning and generate sophisticated outputs. On the other, it raises serious legal and ethical concerns regarding the unauthorized use of protected intellectual property. The legal vacuum that exists in jurisdictions like India, and the ramifications for authors’ economic and moral rights are explored along with the evolution and mechanics of data mining in AI development. It delves into critical jurisprudential debates, discussing real-world legal disputes such as the ANI v. OpenAI case to illustrate the urgent need for regulatory clarity. By analysing both the supportive and critical perspectives on data mining in AI, the necessity of a balanced framework, one that fosters innovation without undermining the foundational principles of copyright and authorship is pressed upon.

ANALYSIS OF ARBITRATION AND IT’S EFFECTIVENESS

AUTHOR – PARIDHI GOEL, STUDENT AT INDRAPRASTH UNIVERSITY DELHI

BEST CITATION – PARIDHI GOEL, ANALYSIS OF ARBITRATION AND IT’S EFFECTIVENESS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 847-855, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

In recent decades, India’s legal ecosystem has encountered immense pressure owing to burgeoning case backlogs and procedural inefficiencies in traditional courts. With over four crore cases pending across different judicial levels, there is a compelling need to adopt efficient, cost-effective, and timely alternatives for dispute resolution. In this context, arbitration—an integral component of Alternative Dispute Resolution (ADR)—has emerged as a potent mechanism, especially for resolving commercial and civil disputes. This paper presents a comprehensive analysis of arbitration in India, its historical roots, legislative evolution, practical application, and its effectiveness in the present day.