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Arbitrate Not Dictate: Decoding the Indian Supreme Court’s Decision in CORE II
This piece begins with an appraisal of the Supreme Court’s reasoning and then addresses the remaining concerns.
Gargi Sharma
Mar 196 min read
95
To Condone or Not to Condone? The Curious Case of Bureaucratic Delay as a Sufficient Cause
The author examines the ruling where the Supreme Court refused to condone the delay of the state party citing its callous attitude.
Mansi Awasthi
Feb 277 min read
244
Revisiting the Venue-Seat Conundrum: A Critique of the Supreme Court’s Approach in Arif Azim
The article urges a larger bench of the Supreme Court to address the conflation of venue and seat in arbitration clauses.
Akash Kumar Surya
Feb 17 min read
210
Enforcement of Foreign Seated Emergency Arbitral Award: The Oversight in the Proposed Section 9A
The amendment bill is a noteworthy step toward institutionalizing emergency arbitration in India.
Ayush Mathur
Jan 186 min read
284
Navigating Antitrust Jurisdiction Post-Settlement: Lessons from the JCB Verdict
A mere private settlement cannot deprive the CCI from investigating concerns raised regarding the market structure at large.
Ameya Sharma, Tassawar Ali
Jan 48 min read
377
The Future of Assigned Arbitration Agreements: A Legal Dilemma
There is need for further clarification on the assignability of arbitration agreements.
Nutan Keswani
Jan 1, 20257 min read
318
Clearing the Air on Asymmetrical Jurisdiction Clauses for Dispute Resolution in Contracts in India
From a policy standpoint, India should consider adopting guidelines or legislative frameworks addressing the enforceability of AJCs.
Sajjad Momin
Dec 22, 20247 min read
284
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.
Kashish Jumani
Dec 1, 20246 min read
201
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.
Rahul Pandey
Nov 30, 20246 min read
122
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.
Pranav Vinayak Jain
Nov 17, 20247 min read
154
Arbitral Awards Passed Post the Mandated Deadlines Not Non-Est?
The author analyzes the SC judgment in Rohan Builders.
Ayush Mathur
Oct 26, 20246 min read
348
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.
Manav Pamnani, Shourya Sharma
Aug 25, 20248 min read
573
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.
Aditi Bhojnagarwala
Aug 4, 20246 min read
561
Empowering MSMEs: Unpacking The New IIAC Arbitration Regulations
The IIAC Regulations are surely a leap forward towards facilitating dispute resolution for MSMEs.
Shakti Soni
Aug 2, 20246 min read
361
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.
Prakhar Khandal, Jitesh Lakra
Jul 19, 20247 min read
1,127
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.
Sidhant Singh
Jun 24, 20248 min read
2,922
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.
Vrinda Gaur
Jun 15, 20246 min read
289
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.
Sidhant Singh
Jun 14, 20246 min read
569
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...
Akash Hogade, Simone Vaidya
May 31, 20245 min read
444
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.
Ria Bansal, Raaghavi Tandon
May 9, 20247 min read
592
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.
Intisar Aslam
Apr 11, 20246 min read
162
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.
Dhaval Bothra, Sonal Jain
Apr 5, 20246 min read
218
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.
Harsh Bansal
Mar 30, 20245 min read
170
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.
Aditya Singh
Mar 18, 20247 min read
414
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