Public Companies & Shareholders- Scope of Mediation and Suggestions

The shareholders of a public company, even though having several rights and protections in law, often suffer the outcome of the agency problem. In spite of being the part-owners of the public company, shareholders often have little or no voice in the day-to-day management and decision making of the company, unless they are shareholder – …

Public Sector Undertakings (PSUs) and Government Departments- Scope Of Mediation And Suggestions

Mediation is a powerful tool in the hands of a mediator who by means of structured negotiations facilitates the process of an amicable settlement between two antagonistic parties. The beauty of this process lies in the fact that while two parties may be at logger heads at the beginning, by the end of it, they …

Scope of Mediation in Investment, Private Equity & Project Finance

Mediation is an alternative dispute resolution (ADR) mechanism whereby a third party (mediator) assists the parties in dispute to amicably solve their conflict.[1] This Article discusses the scope of mediation in three areas: Investments, Project Finance and Private Equity. Foreign investments involve highly complex transactions. It is a fact that Arbitration was the most preferred …

Patents – Scope of Mediation & Suggestions

Introduction Firstly, mediation of patent disputes must encourage the general aims of the patent system. Secondly, it must promote the general aims of the judicial system. Therefore, mediation of patent disputes must adhere to the following two values: Benefit all the parties to a patent dispute, by generating opportunities for a jointly agreeable resolution of …

Health Care and Scope of Mediation

Health care sector in India has seen a steady progress since the past few years both in terms of investments i.e. private sector / public sector including domestic and foreign investors and also been increasing its percentage contribution to the GDP. Given the demographic situation of India and peculiar diversity both in terms of rural …

Insurance: Scope of Mediation and Suggestions

Let me start with a quote by the Father of the Nation: “I realized that the true function of a lawyer was to unite parties given as under. The lesson was so indelibly burnt into me that a large part of my time during the twenty years of my practice as a lawyer was occupied …

Information Technology Industry – Scope And Suggestions On Mediation

The Information Technology Industry (the “IT Industry” in short) comprise of the software sector, IT enabled sector (“ITes”) saw the light of the day in the post liberalization of our economy and contribute well to our GDP, generates substantial direct and indirect employment opportunities and is poised to grow further. Software companies like TCS, Infosys, …