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Res Judicata On Alternate Dispute Resolution

This document discusses the applicability of the legal principle of res judicata to alternative dispute resolution. It analyzes cases where res judicata was applied to arbitration in accordance with Indian arbitration laws. The author seeks to determine whether alternative dispute resolution can be considered a "proceeding" for the purposes of res judicata. They will examine Supreme Court rules on alternative dispute resolution and conclude by answering whether res judicata can apply to alternative dispute resolution and what prerequisites may be required.

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Shahbaz Malbari
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45 views1 page

Res Judicata On Alternate Dispute Resolution

This document discusses the applicability of the legal principle of res judicata to alternative dispute resolution. It analyzes cases where res judicata was applied to arbitration in accordance with Indian arbitration laws. The author seeks to determine whether alternative dispute resolution can be considered a "proceeding" for the purposes of res judicata. They will examine Supreme Court rules on alternative dispute resolution and conclude by answering whether res judicata can apply to alternative dispute resolution and what prerequisites may be required.

Uploaded by

Shahbaz Malbari
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Res Judicata on Alternate Dispute Resolution

Author: Shahbaz Malbari


Student, Auro University, Surat
Contact:+919879878954/9737064595
Email:malbarishahbaz@gmail.com

Achieving finality is one of the fundamental objectives of any dispute resolution process.
Introduction of ADR and its advantages
While discussing the applicability of Res Judicata in ADR I shall be dealing with cases
where this principle was applied and analyze such cases with regards to Indian Laws on
Arbitration.
The question that my research will try to answer is Whether ADR can be deemed as
"proceeding" to constitute res judicata.
Supreme Court Rules and Guidelines on ADR as provided in Union of India
(Plaintiff) v. Videocon Industries Limited where Applicability of Res Judicata was
discussed with regards to Supreme Court of India decision vis--vis Issue before London
Court.
To Conclude with I shall be trying to answer the above given question and what are the
necessary prerequisite if there is any to proceed with res judicata in ADR.

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