Browsing Working Papers by Author "Agarwal, Anurag K."
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Business dispute resolution: taking arbitration clause seriously
Agarwal, Anurag K. (Indian Institute of Management, Ahmedabad, 2014)Dispute resolution through arbitration is the chosen method for businesses, however, it has often been experienced that due to a poorly drafted arbitration clause in the main contract or in a separate contract, there is ... -
Can Businesses in India ever resolve Disputes Speedily and Effectively?
Agarwal, Anurag K. (2009-08-08)Business disputes are like cancer which should be stopped from spreading as soon as possible. Litigation is the least favoured method of resolution for a variety of reasons – delay being the foremost. Alternative Dispute ... -
Commerciality’ in International Commercial Arbitration
Agarwal, Anurag K.; Jain, D. Harsh (2009-03-09)Enterprises, the world over, now conduct business on a dramatically more international scale. The growth of world economies is directly connected with millions of commercial contracts, which are becoming more international ... -
Competition Law in India: Need to Go Slow and Steady
Agarwal, Anurag K. (2009-09-02)The globalized and liberalized Indian economy is witnessing cut-throat competition. To provide institutional support to healthy and fair competition, there is a requirement of better regulatory and adjudicatory mechanism. ... -
Corporate governance: changing trends in interpreting fiduciary duty
Agarwal, Anurag K. (2013-11-26)One of the foremost requirements of corporate governance is transparency in the system, which ensures that individuals making decisions for and on behalf of a company do so in the best interest of the company and clearly ... -
Corporate Governance: Confidentiality and Role of Media in Changing Times
Agarwal, Anurag K. (2013-11-22)There is a certain tension between the primary objective of the media to tell as much as possible to the public and the objective of the companies to retain confidentiality. In this tussle, legal and ethical issues are ... -
Corporate Governance: Financial Regulators and Courts Need To Be On the Same Page
Agarwal, Anurag K. (2013-11-25)Real corporate governance requires tough financial regulators which effectively work to safeguard investors’ interests in securities and endeavour to create a proper environment for the securities market to develop. The ... -
Implementing a Public Private Partnership Model for Managing Urban Health in Ahmedabad
Patel, Amit; Ramani, K. V.; Mavalankar, Dileep; Agarwal, Anurag K.; Maiya, Shilpa; Nayak, Beena (2009-08-03)Governments in many developing countries acknowledge they are facing difficulties in their attempt to meet the basic health needs of their populations. They rely on contracting out to private (for-profit and not-for-profit) ... -
Is India Ready for Online Dispute Resolution?
Agarwal, Anurag K. (2009-08-21)The Indian judicial system is marred by delays. Businesses suffer because disputes are not resolved in a reasonable time. Even with the use of methods of alternative dispute resolution a fair number of high value disputes ... -
Medical Negligence and Compensation in India: How Much is Just and Effective?
Agarwal, Anurag K. (Indian Institute of Management, Ahmedabad, 2014)There is no denying the fact that human life is precious and in cases of medical negligence, the judges find it extremely difficult to decide on the quantum of compensation as the quantum is highly subjective in nature, ... -
Medical negligence and compensation inn India: how much is just and effective?
Agarwal, Anurag K. (IIM Ahmedabad, 2014-03-27)There is no denying the fact that human life is precious and in cases of medical negligence, the judges find it extremely difficult to decide on the quantum of compensation as the quantum is highly subjective in nature, ... -
Party Autonomy in International Commercial Arbitration
Agarwal, Anurag K. (2009-08-22)As global business expands, the number of business disputes is also on the rise. It is extremely difficult or rather impossible to get all these disputes resolved through the conventional method of courts. Moreover, for ... -
Police and the rule of law: recent developments in India
Agarwal, Anurag K. (Indian Institute of Management, Ahmedabad, 2014)For a country like India, which is committed to the rule of law, the role of police is undergoing changes very rapidly. It is primarily due to the fact that the country has transformed from a police state to welfare state ... -
Resolving Business Disputes in India by Arbitration: Problems Due to the Definition of ‘Court’
Agarwal, Anurag K. (2009-07-25)The definition of “Court” in the Arbitration and Conciliation Act, 1996, is substantially different from that in the earlier law of 1940. Due to this new definition, there is tremendous load of work on the District Judge, ... -
Role of Alternative Dispute Resolution Methods in Development of Society: `Lok Adalat ’ in India
Agarwal, Anurag K. (2009-09-02)Peace is the sine qua non for development. Disputes and conflicts dissipate valuable time, effort and money of the society. It is of utmost importance that there should not be any conflict in the society. But, in a realistic ...