The 3 Major Types Of Dispute Resolution

While it means exactly what it sounds like, dispute resolution is in fact a broad category of processes that two parties at odds with each other can utilize to put matters to rest. There are numerous types of dispute resolution processes, but the three major and most commonly confused ones are mediation, arbitration and litigation.

Dispute resolution is not limited to personal affairs, it can extend to nearly any matter, be it corporate tax law, intellectual property rights infringements and at times it can even be to gain free legal advice on how best to proceed for two amicable parties.

Let us take a look at the 3 major types of dispute resolution.

• Mediation
  A mediator functions as a non intrusive third party, there to provide support and conciliation, without taking sides. Neither do mediators require a background to participate in discussions, nor are they supposed to give out free legal advice. While a mediator may have legal experience, it is considered unethical for them to give our legal advice during the mediation process.
  
  It is important to remember that mediators don’t make any decisions during the dispute resolution process, they simply help both parties explore every possible option and find the best route to proceed on.
• Arbitration
  Most commonly associated with commercial and corporate law, arbitration is a dispute resolution process where a third party or an ‘arbitrator’ resides as judge for negotiations held between the parties in discord. The arbitrator listen to all arguments before making a decision.
  
  Corporate lawyers and other forms of attorneys may be present during the proceedings, but not necessarily so.
  
  There are two types of arbitration,

1. Binding Arbitration
   Decisions made in a binding arbitration are enforceable in court, and as such all parties involved must adhere to full legal compliance of the same.
2. Non-Binding Arbitration
   A non-binding arbitration as the name suggests, is not legally binding for any of the parties, and functions more like a mediation.
• Litigation
  Litigation is the most common form of dispute resolution advertised in media, and as you may have guessed it involves the typical courtroom proceedings you see in your favorite legal dramas. Both disputing parties have an attorney present to state their side of the case in front of a judge and sometimes a jury as well.
  
  If a jury is present, they are responsible for making the final decision in the dispute resolution case, and if not, the judge bears this responsibility. Very rarely does the judge overturn a jury’s decision.

If you are still unsure which type of dispute resolution will suit you best, head over to Lawyered to get in touch with the best corporate lawyers, tax attorneys and personal lawyers in India for free legal advice and clarification.

How To Make A Corporate Lawyer Feel At Home In Your Organization

Used to extremely busy work days and a fast paced atmosphere, corporate lawyers face much adversity in adjusting to entrepreneurial setups. Organizations hiring such dispute resolution experts often notice a lack of familiarity and minimal social interaction from them.

Sitting at their desks through long lonesome days, filling out paperwork and settling legal compliance issues, corporate lawyers can become islands, isolated from the rest of the staff, if not actively involved in work affairs. Here’s a few helpful pointers on working with these legal fellows.

Inclusion

Similar to bright eyed freshers, shy and introverted at first, slowly building up confidence and eventually initiating healthy professional relationships with peers, corporate lawyers generally feel like fish out of water, when pulled from their natural habitat - courtrooms and law firms!

To combat this anti-social aspect of your legal guardian, include him/her in team building activities. Introduce them to fellow employees and get the relationship building started! Involve your corporate lawyer in after work events and make them part of the family.

Criticism Not Pessimism

Corporate lawyers are bred to think in terms of legal complications and risk assessment. So let’s say you go to one with an idea or plan in mind, and he/she immediately starts pointing out flaws, don’t take it to heart!

It’s not pessimism or lack of faith which causes them to act in this manner. Rather, think of it as free legal advice and constructive criticism of your efforts.

A Different Perspective

Show your corporate lawyer their opinion matters by asking them for advice on matters. What you may think of as a cold, analytical way of thinking could present an entirely new perspective - a logical and rational route you may not have considered taking yourself.

From business registration to intellectual property rights, running your plans by the corporate lawyer will not only help you identify cost saving methods, but also prevent any unintentional legal lapses.

It’s Not All Business

All said and done, don’t forget to strike up conversation outside legal matters. Simply talking about corporate affairs all the time will further perpetuate the notion that free legal advice is all you’re interested in. Get to know the person behind the law degree!

Lawyered is a platform for online legal discovery, but more than that, it is an organization that cares deeply about the mental wellbeing of its employees. Start including your corporate lawyer and find the perfect one for your organization at Lawyered!

Competition Law Implications of Blockchain Technology

Blockchain has been named the absolute most critical advancement since the coming of the web and many anticipate that this data innovation can change the manner in which business is done all over the world.

 Blockchain also known as distributed ledger technology is a decentralized database that stores registry of assets and transactions across the network, it is basically a public registry of who owns what and transacts what, the history of all transaction are shared in blocks of data. Blockchain is neither a company nor an app. Blockchain was invented in the year of 2008. Blockchain basically combats the problem of uncertainty i.e. not knowing who you are dealing with which in turn would create a user control portable identity , transparency into the transaction, reneging on deals

What blockchain is actually going to do is to change the way we trust in business, trust is the fundamental currency of commerce if I have to transact with you I need to have trust on you for e.g. if I want to buy a house what would I do at the very beginning I would look into the past records of the house for which takes in a lot of time and has a risk of being tampered.So in case of Blockchain we don't need to have to know each other or trust each other  because each of them would have the ability to monitor and validate the chain for themselves.

Every record which is written in a blockchain ledger has a unique key that goes with it, every record is written and stamped by the trusted parties that wrote that record and when the next record is written everything from the first record including the key and the contents of the second record is put in to together and outcomes a new key for the second record and so on for the third record fourth and so on this creates a dependency on one record to another  and thus forming a chain and thus removal of any of the record would come into notice and thus the risk of records being tampered can be mitigated.

Application of Competition law in Blockchain

 This model challenges the need for trust between parties by instead placing trust in the underlying technological platform. This would effectively remove the need for intermediaries whose business has been to make up for the lack of trust; these include banks, brokers, governments, internet platforms etc.

Blockchain’s core functionality requires wide distribution of information among blockchain members concerning their transactions (e.g. payments or goods delivery).

Data or information exchange on blockchain can produce efficiencies by enhancing contractibility. Coordinate contenders utilizing shared blockchains or teaming up in blockchain are probably going to be vulnerable to antitrust examination. One of the center determinants of lawfulness to considered is the nature and tricky capability of data obvious on the record or the ledger. It is prudent that entrance to intensely delicate data is confined or that such data is put away in off-blockchain areas.

If information scattering on blockchain enables watching and repelling deviations from dubious understandings, it might be managed as an element of a cartel and subsequently restrictive of contention by dissent. A further developed kind of contriving can be systematizing threatening to forceful terms and conditions into a self-executing sharp contract running over blockchain remembering the true objective to subsequently repel deviators. In any case, possible auditability of blockchains can render cartel people hesitant to rely upon adroit contracts that leave insights of unlawful lead.

It merits featuring that blockchain members are not by any means the only performers whose lead may breach competition law. It can't be decided out that blockchain diggers or even whole blockchains would discover motivating forces to connive as innovation creates and turns out to be more unmistakable. Mishandle of strength, especially by financial on-screen characters taking an interest in private blockchains, constitutes another arrangement of possibly intense rivalry worries to be cognizant to.

Blockchains are probably going to be productivity improving and professional focused. Decentralization and straightforwardness will advance better working markets. The way to understanding blockchain from an opposition law perspective is that all data on the blockchain is available to everyone inside the shared system paying little respect to whether it is open for all or authorization based. Blockchains can store a scope of records including installment exchanges, deals records, buy history, corporate records, valuing history and future changes to estimating. It can likewise record non-transactional data such as title records, trademark and patent information, minutes of meetings, calendar entries and travel logs to give some examples.

To be truly efficient and reach its full commercial potential blockchains will often be set up in peer-to-peer networks including actual or potential competitors. This unfettered access to potentially commercially sensitive information by competing companies puts blockchain firmly into the crosshairs of competition law enforcement.

Competition law tries to deny limitations of rivalry between contenders, regardless of whether this comes because of some type of agreement or comprehension between contenders (gotten by e.g. Article 101 of the EU Treaty and national reciprocals) or through one-sided direct by an overwhelming business sector players (gotten by e.g. Article 101 of the EU Treaty and national counterparts). Evaluation of blockchain will probably generally fall under the principal classification. The fundamental classifications of issues looked by the contenders are as per the following: (I) enrollment as a member rules; (ii) information exchange; (iii) institutionalization and (iv) rules appropriate to JVs, including merger control.

The beginning stage for competition law examination is that each organization must decide autonomously the strategy which it means to embrace available and the conditions it expects to offer to its clients. Fairly misrepresented, competition law blocks any immediate contact between contenders that makes states of rivalry which don't compare to the typical focused states of the market being referred to except if there are legitimate purposes behind such contacts and that the final product is genius aggressive.

Conclusion

Setting up a blockchain is likely to involve direct or indirect cooperation between competitors in varying degrees. Lawrence Lessig in his book "Code and Other Laws of Cyberspace" stated that  computer code regulates conduct in much the same way that legal code thus is quiet true in case of smart contracts such as blockchain. While establishing to run a permission based blockchain the parties must put in efforts and time to analyze that there are competition law concerns and how it is to be dealt with thus ensuring best practice and avoiding infringement  of Competition rules.

An open record that holds data about costs and amounts, expenses and request will on its substance be viewed as conveying straightforwardness to a market and in this manner as a promoter of more rivalry while it might in the meantime give contenders access to inaccessible information that may empower purposeful works on breaking the opposition rules.

Regular sanity checks on the operation of the blockchain and the agreements governing whether in the standard it is based on, cooperation agreements, consensus mechanism protocols or code of its smart contracts.

Generic Drug Dispute

What is a Generic Drug?

United States Food and Drugs Administration which regulates drugs, gives license, defines Generic drug as a drug product that is comparable to branded drug product in dosage, form, strength, route of administration, quality and performance, characteristics and intended use.

Non-proprietary name or generic name is the name for the active ingredient in the medicine that is decided by an expert committee and is understood internationally thus, paracetamol/acetaminophen is the non-proprietary name (generic name) while Crocin/Metacin/Meftal/Tylenol etc. are brand names.  All generic drugs have a brand name as well as a non-proprietary name but all drugs having a non-proprietary name (generic name) may not be generic drugs.

For example Amaze- Bio Pharma is a very famous, big and established pharmaceutical Company having a strong research and development , biotechnological department, best scientists. Lets a virus named E-bola which is most prevalent these days and has no antidote available for the same  but Amaze-Bio Pharma came  up with an antidote a chemical component named Bauravol for the same, through its research and technology. This chemical named Bauravol started to be sold in the name of Bola Lol by the Amaze- Bio Pharma. Other components who now know the chemical component for curing E-Bola cannot use such chemical and sell it under their brand-name. In this case exclusive right has been given to Amaze- Bio Pharma for a particular period of time i.e. 20 years and this particular company can only sell such chemical component i.e. Bauravol and can commercially exploit in their own way and can sell it in whatsoever price the company decides. The patent protection is given so that the company who has came up with the chemical would be able to recover costs of Research an development, fees of scientists , cost of clinical tests, etc for coming up with such chemical.

After completion of or expiry of patent the following chemical becomes Generic and now any of the company can use such chemical also know as generic salt to make and sell it in any name under their own brand name. Once any chemical or active ingredient becomes generic the price reduces as thee is no cost incurred on Research and development, clinical trial, etc by such companies who ate selling it under their brand name with same active ingredient like that of the Brand name drug .

In India generic drug is only made due to lack advance technology and resources to make chemical component thus a generic salt is sold under different brands, the generic drug  and brand-name drug should not be completely similar , it should be combined different other chemical components.

What is the Dispute regarding generic drugs?

In India Generic drugs are more cheaper than that of Brand-name drugs as brand name is attached to it and brands sell the same chemical component at different prices. Recently in the year of 2017 Prime Minister of India Mr. Narendra Modi delivered a speech at Surat whereby he suggested Doctors to prescribe generic drugs that is the generic salt instead of Branded drugs so that the poor section of the society could be benefited out of it and he mentioned that it is very soon going to be implemented by the government and government shall come up with a rule to mandate doctors to prescribe Generic drugs.

Also the Medical Council of India strictly mentioned that the Doctors should only and only prescribe generic drugs otherwise strict action would be taken against the doctors . Doctors are quiet upset with such order  as it was not the first time where the Medical Council of India has ordered it. Earlier on September 21, 2016 Medical Council of India notified an amendment in clause 1.5 of Indian Medical Council ( Professional Conduct, Etiquette, Ethics) Regulations, 2002. This clause ids read as follows- "Every Physician should prescribe drugs with generic names legibly and preferably in capital letters and he/she shall ensure that there is a rational prescription and use of drugs."

Also the UPA government had from time to time issued circulars and instructions to government hospitals and dispensaries under Central Government Health Scheme to " prescribe generic medicines" to the " maximum extent possible". In December 2012 the UPA government has issued a 'statutory directions' to state governments under sections of Drugs and Cosmetics Act, 1940 to ' gnat or renew' license to manufacture for "sale or distribution of drugs in proper or generic names only. This was intended to build a mechanism for wider use of generic drugs.

Most recently a country wide campaign has been under way to ensure availability of generic medicines  under Pradhan Mantri Bharatiya Janaushadi  Pariyogna under which several around 861 Janaushadi center were opened where generic drugs were made available.

Controversy

Controversy or the dispute is regarding about what a doctor should prescribe .Whether Doctor will prescribe the generic drug ( salt/ molecule) exampleas stated in above example is Bauravol or should he prescribe the brand-name drug which is sold by different companies by different names after the expiry of patent. For example- Combiflam which is the medicine which was initially made by the Sanofi which is a french based Pharmaceutical Company. The active ingredient of  Combiflam is Ibuprofen+ Paracetamol. In this case what doctor should prescribe whether Combiflam which is a brand- name or Ibuprofen+ Paracetamol which is a generic salt made by n number of Companies. This is in a way taking away the power from hands of doctors, it might be possible that there is a particular brand-name which are trusted by doctors to be the best through their years of practice but now Doctors can't prescribe it.

Doctors can't prescribe for Combiflam as government has prohibited doctors from prescribing Brand- name   drug but to write generic drug. If Doctors prescribe suppose Centrezine which is produces by many companies and leaves it to patient whether which one( which company) he will buy if the patient buys most cheapest one  belonging to the local company which has a poor quality control then this any cause the patient to fell ill and liability shifts on the doctors. In a way we can say that power is snatched from hands of doctors and given to the Chemists and now the drug manufacturers will try to influence the chemists by giving them some commission so that they would recommend their manufactured medicine or the brand-name to the patients as the patients specially in India has little or no knowledge of medical science or medicines.

Doctors can any way circumvent or escape the liability  of prescribing generic medicines like on prescription he wrote a generic drug but says the patient to buy this generic salt of a particular brand-name.

A part from this is a complete injustice towards doctors. The differentiation of doctors as to who is a good doctor and who is a bad/average doctor will reduce because every doctor is going to prescribe the same generic salt and then what will be the differentiation.

Issues

• Not more than 1% of generic drugs sold in India undergo quality tests so there is no guarantee that the medicine one will taking will be effective
• The big brand-name producing medicines have the pressure of having a good quality checks because its a question of their goodwill  in the market but the local small generic drugs seller have no such pressure and have no such reputation to maintain, a generic seller is selling for low price for maximum profit hence there will be no quality control
• The choice of which generic drug to provide is on chemist and generally and we can see in India the one who is selling medicines are untrained and sell that medicine which has maximum margin.
• When there are combination of different chemicals in a drug then practically it is not possible on part of Doctor to remember all the generic slat components apart from that requirements of each patient is different thus it is not possible to remember and write all generic names in the prescription.

Solution

As such there is no solution as there is some kind of loophole in each solution.

The solution can be by putting a price cap on each generic drug but if it would be of same price cap then on e with quality control and the one with no quality control are kept on the same plane as a result of one making quality-controlled drugs will stop making it and thus putting a price cap is not going to work.