Monthly Archives: January 2016

Mediation – a Virtue or an ADR Forum in Continuous Evolution!

Evidence of Mediation in Scriptures and History Between God and Abraham (Genesis 18:23-33) Dispute: God wanted to destroy Sodom because of their wickedness but Abraham interceded Abraham asked if there were 50 righteous men in Sodom will You destroy the righteous with the wicked? God said no, if there were 50 righteous He will not [...]

Loss-Time Schedule Management in EPCIC Contracts

Time, Time and Time Again! How many time you hear this: Time is of the essence! Time is critical! Delivery Time is important! Liquidated damages for delay in delivery time will be enforced! Right for Termination and or Rescinding of a contract for delays in delivery! The above phrases and similar sounding clauses are heard, [...]

January 21st, 2016|Categories: Blog|Tags: , , , , |0 Comments

It’s Time to Unseal Sealed Offers in International Arbitration – as a Negotiation Strategy or Pressure Tactics?

Abstract: This paper traces the origin and history of the use of “sealed offers” as part of the ongoing negotiations between the parties engaged in litigation, with an objective to identify common principles which may be adopted in conducting international arbitrations. In common law jurisdictions, the sanctity of “without prejudice” communications, is widely supported under [...]

January 21st, 2016|Categories: Latest News|0 Comments

Oil Price can’t be set on one side of the economic analysis as cause or victim – for it is both!

This response is a belated reply to a comment from one of the special visitor to this website and who has kindly commented old article on “Oil Price as a Barometer of Economy”. I observed three very interesting propositions from this comment: a) Oil Price can’t be set on one side of the economic [...]

January 21st, 2016|Categories: Latest News|0 Comments

Why Arbitration is the Best Forum for Resolving Complex Maritime Disputes?

The maritime disputes may vary from Charter Party issues, cargo interests, accidents, insurance claims, personal injury claims and the list goes on. All these issues are not only multiple and complex but frequently also are multi-party. Traditionally ship owners are well versed with the phrase “Forum Shopping”, which means that, whenever a third party claim [...]

January 21st, 2016|Categories: Latest News, Marine & Offshore|0 Comments

Role of International Private Law in Jurisdictions Without Jurisprudence of Oil & Gas Exploration Contracts

The series of commercial and legally enforceable agreements lays the foundation of exploitation of an offshore Oil & Gas field. The legislation for exploitation of natural reserves, specifically oil and gas from the sea bed, began in the 1950s in North America. The trend continued to grow through mostly domestic resources. In the 1970s with [...]

Why do we blame God when things go wrong!

The historical and an innovative term “Force Majeure”, has been used in commercial contracts in principle to relieve the Parties, from performing their obligations, when prevented by the events entirely beyond the control of a Party or Parties. Such events often had been termed or blamed as “acts of God”. With technological advancements and sophisticated [...]

January 20th, 2016|Categories: Latest News|0 Comments

Rising Costs of Conflicts and Disputes Management – Can it be Controlled?

There is generally no provision for estimating costs of litigation to be added during bidding stage for any contract, as the project cost estimates will make the bid uncompetitive or highly priced. Even then there is no formula or a scale to estimate what will be the cost, if, and only if, there is a [...]

January 20th, 2016|Categories: Dispute Resolutions and Conflicts Management, Latest News|0 Comments