RGNUL: Call For Blogs On ADR

The Centre for Alternative Dispute Resolution, RGNUL (CADR-RGNUL) was established in the year 2018 as a Centre dedicated to research and capacity-building in ADR. One of the foremost aims was to fill voids that plague existing literature and bridge the often-daunting gap between the academia and practicalities of a career in ADR.

The CADR Blog is aimed towards integrating insights from the professional and the academic world. To that extent, the Blog publishes articles on contemporary issues plaguing and developing in ADR.

The CADR Blog runs on a rolling basis and accepts articles for submission throughout the year, and are pleased to invite submissions on all topics related to ADR in the form of articles, case comments etc.

THEMES

There is no constraint on authors for choosing a topic as long as it pertains to the field of ADR. Some of the themes that the authors may refer to are as follows:

· Balancing the scales: Confidentiality v. Transparency

As the main tenet of arbitration is party autonomy, parties often opt for confidentiality to be maintained through their contractual agreement. Maintaining confidentiality means that the existence of arbitration, the subject-matter and the documents prepared by both the parties and the arbitrator’s award will not be disclosed to third parties. However, this poses a challenge to the transparency of arbitral awards. By maintaining confidentiality, arbitrators and judges would not have a precedent to apply the same line of reasoning in factually similar disputes.

· To Arbitrate – or not to Arbitrate: Validity of Party Autonomy in Invalid Arbitration Agreements

In light of the recent judgment of the Supreme Court in Vidya Drolia, an arbitration agreement must fulfil the requirements of a valid arbitration agreement according to the Indian Contract Act and Arbitration and Conciliation Act. However, in situations where the arbitration agreement is found to be invalid or non-existent, the principle of manifest intention to submit proceedings to arbitration will be relegated.

· Exploring the Contours of Interim Relief: When should birds of different feathers flock together?

The applicability of the CPC in arbitration proceedings in India is limited, but a critical aspect of their application is with regards to Interim Relief.. The provisions of the CPC are applicable only to the extent where they are consistent with the provisions of the Arbitration and Conciliation Act, 1996. However, the interpretation of “basic principles of CPC” becomes a contentious issue. Moreover, in a scenario where such basic principles appear to be in contravention of the Arbitration and Conciliation Act, 1996 a judicial dilemma arises.

· Mediation – the stepchild or heir-apparent?

With the introduction of the Mediation Bill, 2021, the intent of the government to regulate mediation proceedings in the country through a singular legislation is evident. However, the question on the viability of mediation especially for commercial arbitration disputes still persists.

· Settling the score: Fair play in Sports Arbitration

Arbitration has been developed as an alternative mode for speedy dispute resolution. All forms of arbitration are supposed to be quicker than conventional dispute resolution mechanism; however, in sports arbitration, this requirement is proliferated. The Court for Arbitration for Sports (CAS) was established specifically for sports related disputes. However, while CAS has brought an organized structure for the sports industry, there still remains certain aspects that need to be developed to ensure that the rulings remain consistent.

· The uncharted waters of Third-Party Funding in Arbitration

Third-party funding is at a nascent stage in India. There numerous issues, varying from TPF agreements building to confidentiality, which must be addressed so that India can take a step forward and regulate the same.

Note: The themes above are non-exhaustive and only for illustrative purposes.

GENERAL SUBMISSION GUIDELINES

I. GENERAL GUIDELINES

1. Co-authorship is limited to a maximum of two authors.

2. All submissions must be in Times New Roman or Garamond, font size 12, and Spacing 1.5.

3. Word limit for all submissions is between 800 – 1500 words. This stipulation is, however,

flexible at the Editor’s discretion in exceptional cases.

4. All entries should be submitted in .doc or .docx format.

5. The submissions must be original, unpublished, and an outcome of the author’s own efforts. Any submission to the CADR Blog automatically includes a declaration to the effect of “The article is an original work of the author(s). I(We) certify that my(our) submission is original, has not been published elsewhere, and is not under review or consideration elsewhere.”

6. Authors must acknowledge and give due reference to any source. Plagiarism is strictly prohibited, and articles found to be plagiarized will not be considered for publication.

7. On submission, authors shall be deemed to have divested the copyright to CADR. However, all moral rights shall vest with the author(s).

8. The deadline for submission is 31st March 2023.

II. CONTENT

The articles that we desire to publish on the CADR Blog are ones which are analytical, provide commentary and stimulate discussion on developments and issues in vogue. At the same time, we realize the import of revisiting issues which have gone dormant, un-researched, or have scope for renewed discussions. We look forward to such submissions. And though mere summaries of cases do not usually contribute much to these ends, we encourage authors to provide their critiques and explore different, consociated themes if they do submit such articles.

We would also be highly receptive to submissions which initiate or elaborate as well as comment on developments and concepts from foreign jurisdictions or which are multi-jurisdictional in nature. An increasing trend has been the internationalization of ADR, and we welcome submissions which shed light on pastures outside. Juxtaposed/Comparative analysis of various jurisdictions is welcome too.

III. SUBMISSION PROCESS

· The CADR Editorial Board has a strict double-blind review process. For an understanding of the process, we encourage listening to this podcast here.

· At the outset, the authors are requested to send manuscripts which are original and unpublished. In case plagiarism is detected, the Editorial Board has the right to reject the submission. Due credit must be given, to the best of the authors’ abilities, to all who have ideated the content the authors have submitted.

· All submissions must be accompanied by an abstract of preferably 100–150 words, and at no time more than 200 words, briefly explaining the crux of the submission/the research question/focus of commentary or analysis and if possible, the structure of the submission.

· All submissions should be in .doc or .docx format.

· The manuscripts must be submitted on our submission form here.

IV. LENGTH

Submissions should preferably be within 800 – 1500 words. Submissions with word-limits greater than 1500 words may be published in parts.

V. LEGAL

The copyright over the manuscripts vest with the CADR, however, all the moral rights vest with the author. At no time will CADR use the submission for commercial use without notice to the author(s) or without attributing to them.

We do not cross-post from other websites. If your work published on the CADR Blog needs to be cross-posted to another website, the same can only be done after grant of explicit permission from the Editorial Board of the CADR Blog.

VI. REFERENCES

In keeping with the informal tenor of Blog posts, unlike research articles, hyperlinks over footnotes and endnotes are preferred. However, if the Author deems the latter to be appropriate, you are requested to follow The Bluebook, A Uniform System of Citation (21st Ed.).

For any queries, please contact the Editorial Board at submissions.cadr@rgnul.ac.in.