"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well." -Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Tuesday, May 31, 2011

Some Articles on ADR

Volume 4, Part 4 of the Supreme Court Cases Weekly contains a few articles that are deal with ADR and Mediation.

Arvind P. Datar, Senior Counsel, Madras High Court has written an article titled: Legal Consultancy Service- Service Tax on Lawyers. The article deals with the recent introduction of service tax on legal consultancy services. (We already had a post on this issue). As regards service tax on arbitral tribunals, Datar argues that service tax on arbitral tribunals is "unfortunate", the reason being that "most arbitrators are retired judges will find it extremely difficult and cumbersome to file service tax returns, maintain input and output credits and comply with all other procedural formalities". It is submitted that such a reason alone is not convincing.

[So far I have not heard of any article that comprehensively deals the merits of imposition of service tax on arbitral tribunals. If there is any, readers may please give the links/ references]

Sriram Panchu, regarded as one of India's foremost mediators, has written an article titled Recasting Section 89 CPC- Afcons Infrastructure Ltd v. Cherian Varkey Constructions Co. (P) Ltdd. The article deals with the recent case of Afcons Infrastructure v. Cherian Varkey Constructions. The decision is important for Alternative Dispute Resolution in India. The article by Panchu is comprehensive and is worth checking out.

Laila T. Ollapally has written on Mandatory Court Referral for Mediation- Parties Retain the Right to Voluntary Decision. The case also deals with a particular aspect of Afcons Infrastructure.

Happy reading!

No comments: