Dispute Resolution

Kashish Jumani

Dec 16 min read

Anti-Suit Injunctions in Foreign-Seated Arbitrations: Lessons from English Courts

We are yet to see a case where an Indian court grants an anti-suit injunction in support of a foreign-seated arbitration.

Rahul Pandey

Nov 306 min read

Article 300A - Applying Public Law in Litigation against Financial Regulators

Use of public law remedy provides appropriate approach for litigants when dealing with arbitrary action by financial regulators.

Pranav Vinayak Jain

Nov 177 min read

Revaluating the Process of Appointing Arbitrators through PSUs Panels

The approach of having a pre-selected roster of arbitrators fosters convenience and expediency. However, it raises significant concerns.

Ayush Mathur

Oct 266 min read

Arbitral Awards Passed Post the Mandated Deadlines Not Non-Est?

The author analyzes the SC judgment in Rohan Builders.

Manav Pamnani, Shourya Sharma

Aug 258 min read

Navigating Section 14: Applicability to Foreign-Seated Arbitrations

The selective applicability of the provisions of Section 14 to only domestic-seated arbitrations results in several complexities.

Aditi Bhojnagarwala

Aug 46 min read

The Lack of Court’s Power to Modify an Arbitral Award: Rationale, Implications, and Solutions

Author proposes an amendment to Section 34, expanding the court’s power and permitting modification of awards.

Shakti Soni

Aug 26 min read

Empowering MSMEs: Unpacking The New IIAC Arbitration Regulations

The IIAC Regulations are surely a leap forward towards facilitating dispute resolution for MSMEs.

Prakhar Khandal, Jitesh Lakra

Jul 197 min read

Arbitrability of Shareholder Disputes in India: Addressing "Dressed-Up" Corporate Oppression Claims

Arbitration can be initiated while dealing with shareholder disputes if it is found that the origin of the dispute lies in the agreement.

Sidhant Singh

Jun 248 min read

Modifying Arbitral Awards: A Dilemma under Sections 34 and 37 of the Arbitration Act

It remains to be seen whether the court will use its curative power to alter the arbitral award within its power to set it aside under S 34.

Vrinda Gaur

Jun 156 min read

Navigating Relief under Section 9(ii)(b) of the Arbitration and Conciliation Act 1996: A Shift in Modus Operandi

A recent judicial trend has considered financial soundness as an inconsequential element for disposing of Section 9(ii)(b) applications.

Sidhant Singh

Jun 146 min read

Resolving Stamp Duty Dilemma: Section 9 Applications in Indian Arbitration Law

This article delves into the legal landscape on Section 9 applications and stamp duty requirements for arbitration agreements in India.

Akash Hogade, Simone Vaidya

May 315 min read

Efficiency v/s Expediency- Procedural Implications of the SIAC’s Streamlined Arbitration

[Akash and Simone are students at Maharashtra National Law University, Mumbai.] Arbitration as a form of dispute resolution is in itself...

Ria Bansal, Raaghavi Tandon

May 97 min read

Arbitration’s David and Goliath: The Harmful Side of Pre-Deposit Clauses in Arbitration Agreements

It is crucial to view pre-arbitral deposits as discretionary to ensure that each party has equal access to arbitration.

Intisar Aslam

Apr 116 min read

India-EU BIT: Can the Dispute Resolution Clause Spark ISDS Reforms Globally?

The Indian stance on inclusion of ELR and Model BIT fails to consider any urgent relief that may be required by small investors.

Dhaval Bothra, Sonal Jain

Apr 56 min read

Beyond the Invisible Handshake: A Global Look at the Scope of the “Group of Companies” Doctrine

To ensure the fair and just application of the GoC doctrine, clear guidance is required.

Harsh Bansal

Mar 305 min read

The Unanswered Question of Oral Referencing of Arbitration Agreements: The Limit of Group of Companies Doctrine

The use of a purely managerial doctrine, primarily developed for corporate governance and trade purposes, on arbitration is problematic.

Aditya Singh

Mar 187 min read

Group of Companies Doctrine: Evasive Piercing and a Conglomerate's Lament

This article intends to analyze how the reasoning that the doctrine operates independent of corporate law is at best evasive.

Harshal Chhabra, Shaswat Kashyap

Mar 26 min read

Beyond NN Global: The Supreme Court Revisits “Unstamped Arbitration Agreements”

[Harshal and Shaswat are students at Gujarat National Law University.] The recent judgement passed by the Hon’ble Supreme Court of India...

Priyanka Desai

Feb 15 min read

Strengthening Institutional Arbitration for Domestic and International Commercial Disputes in India

The need to recognize and strengthen institutional arbitration in India is now stronger than ever.

Tarasha Gupta

Jan 177 min read

Analysing Lombardi Engineering: Article 14 and Invalidating Pre-Conditions to Arbitration

Lombardi posed a situation that would have allowed the doctrine of unconscionability to be strengthened in contract and arbitration law.

Riddhi Jhanwar, Rahul Jacob

Jan 146 min read

Stamping is a Barrier, Why?

By harmoniously constructing relevant legislations, a court under a Section 11 will not dwell on the stamping of an agreement.

Aamir Kapadia, Shivam Yadav

Jan 136 min read

The Group of Companies Doctrine: Has The Dust Settled?

The status of the 'group of companies' doctrine in Indian arbitral jurisprudence has been finally settled by the Supreme Court.

Samreedhi Gupta

Sep 30, 20235 min read

Regulating Third-Party Funding: A Welcome Decision by Delhi High Court

The Delhi High Court’s stance on third-party funding is a welcome decision in light of India’s pro-arbitration policy.

Arya Tiwari, Trilok Choudhary

Sep 6, 20235 min read

Arbitration in India: Why Some Cases Linger for Years Before Resolution?

To improve the enforcement of arbitration awards, one step is to establish more benches for time-bound disposal of execution petitions.

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