Can a non- signatory be a party to arbitration?

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By: Ramesh Vaidyanathan and Sayeli Mehra

The Delhi High Court answered this question recently with an emphatic ‘No’ in the case of Sudhir Gopi vs. Indira Gandhi National Open University & Ors. (“IGNOU”) and clarified that an arbitral tribunal does not have the power to lift the corporate veil to bind a non-signatory to an arbitration proceeding, except where a corporate form has been used for an unlawful purpose or to perpetuate a fraud.

Can mediation be an alternate mode of dispute resolution?

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By Ramesh Vaidyanathan & Mansi Singh

Mediation is essentially a process of negotiation in which the conflicting parties come together to resolve a dispute with the assistance of a neutral mediator. The mediator merely facilitates the resolution of the dispute by creating a congenial environment and suggests solutions, but at the same time, lacks the authority to pronounce a judgment on the matter. Along with conciliation, mediation as an alternate mode of redressal of disputes offers flexibility, participation and consensus of all parties and is both time and cost-effective.