The inordinate delay in dispensation of justice has led to development of alternate methods for dispute resolution. The concept of Alternative Dispute Resolution (ADR) has introduced a non adversarial mechanism of dispute resolution. It facilitates parties to deal with the underlying issues in dispute in a more cost-effective manner and with increased objectivity. In addition, these processes have the advantage of providing parties with an opportunity to reduce hostility, gain acceptance of the outcome and achieve a greater sense of justice in each individual case. The resolution of disputes through alternative methods is more viable, economic, and efficient. The Alternative Dispute Resolution mechanism has also proven to be efficacious mechanism to resolve international commercial disputes.
In India, the Judiciary has encouraged out of court settlements to alleviate the increasing backlog of cases pending in the courts. The three judgments1 amply reveal the trend adopted in resolution of disputes. In all the three cases the plaintiff and the defendant decided to settle the matter amicably according to the terms of settlement.
In the case Autodesk Inc. versus Mr. Anish Singhal, the defendants were using unlicensed software belonging to the plaintiff without paying any consideration for the same. The terms of the settlement mandated the defendants to purchase the licenses in respect of the said software in addition to giving an undertaking that they will not at any time use unlicensed software of the plaintiff's or indulge in any act that would amount to infringement of the plaintiffs' copyright in the various computer programs. In the case Asia Pacific Breweries Ltd versus Skol Breweries Ltd, the defendant in the terms of the settlement acknowledged the plaintiff's exclusive proprietorship in respect of the trademark TIGER and the device of TIGER as well as of the artistic works vesting in the labels. The defendant agreed to withdraw its trade mark application in respect of trade mark BENGAL TIGER (label) and also undertook to voluntarily cancel its trademark registration number for the trademark BENGAL PREMIUM LAGER BEER (Label).
A legal system gets recognition by the way it is handled and managed. The legal system should appeal the reasons of people. It is this spirit that has led to the evolution of ADR mechanisms for the dispensation of justice with efficacy and steadfastness.
Footnotes
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1 INTEX TECHNOLOGIES(INDIA) LTD and ANOTHER versus PERVEZ
AIBANI; IA No. 21/2008 and CS (OS) 458/2007; IN THE HIGH
COURT OF DELHI AT NEW DELHI Judgment delivered on :
04.01.2008
ASIA PACIFIC BREWERIES LIMITED versus SKOL BREWERIES LIMITED; IA No. 172/2008 in CS(OS) 1984/2006; IN THE HIGH COURT OF DELHI AT NEW DELHI; Judgment delivered on: 07.01.2008
AUTODESK INC and ANR versus MR ANISH SINGHAL; IA No. 14988/2007 in CS (OS) 2403/2007; IN THE HIGH COURT OF DELHI AT NEW DELHI; Judgment delivered on: 07.01.2008
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