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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
150
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
349
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
220
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
622
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
1,165
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
3,042
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
452
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.
Priyanka Desai
Feb 1, 20245 min read
723
Rights, Camera, Action: Role of Amicus Curiae in Representing Local Communities in ISDS Proceedings
The article examines whether amicus curiae are enough to protect human rights of local communities in investment arbitration.
Ghazal Bhootra
Aug 3, 20236 min read
149
Requirement of Notice of Arbitration: Mere Technicality or Sine Qua Non?
Authors discuss the nature of the requirement of notice of arbitration as to whether serving it is compulsory or a mere technicality.
Archisman Chatterjee, Sanidhya Somvanshee
Jul 31, 20236 min read
4,419
Consent Matters! Finding Consent in the Group of Companies Doctrine
The article examines the jurisprudence around group-of-companies doctrine and analyses its transplantation into India.
Ryan Joseph, Aswath Srinivasan
Feb 14, 20236 min read
527
Delhi High Court on Specific Performance of Determinable Contracts
The author examines the duality in perceiving determinability of contracts in India.
Sanya Goel
Nov 5, 20226 min read
3,541
Traversing the Highs and Lows of Judicial Intervention in Arbitration
Authors appreciate the notable strides made by judiciary to achieve minimal interference in arbitration but also suggest improvements here.
Tanmay Gupta, Shobhit Shukla
Apr 16, 202210 min read
699
Retrospective Application of the Arbitration and Conciliation (Amendment) Act 2015: A Step Back?
This article seeks to analyse the ambit of Section 26 and the implications of the judgment of Ellora Paper Mills in this regard.
Rida Ameen
Feb 19, 20226 min read
2,211
Reimagining the Contours of Judicial Interference under the Arbitration and Conciliation Act 1996
The author explains the decision in Arcelor Mittal and thereafter examines the impact that it has on emergency awards in India.
Varun Kasthuri
Jan 10, 20226 min read
565
PASL v. GE: A Win for Party Autonomy in India
The authors examine the judgment of the Supreme Court in PASL v. GE that pertained to selection of a foreign seat by Indian parties.
Abhijit Vadavalli, Tanmay Gupta
Jun 22, 20215 min read
640
Shifting the Place of Arbitration: Supreme Court Reaffirms BGS and Upholds Party Autonomy
The author examines a recent ruling of the Supreme Court and highlights its re-affirmation to the principle of party autonomy.
Soham Banerjee
Jun 6, 20216 min read
589
The Arbitration and Conciliation (Amendment) Ordinance 2020: A Counterproductive Stratagem?
The authors analyse how the recent amendments to the arbitration law are counterintuitive to India’s evolution into an arbitration avenue.
Harsh Pati Tripathi, Uddeshya Singh
Dec 26, 20206 min read
501
The Amazon-Future Group Dispute: Evaluating Alternative Resolution Approach
[Priya is a student at National Law University, Delhi.] The recent deal between Future Group and Reliance has been the centre of...
Priya
Nov 29, 20206 min read
504
Anti-Arbitration Injunction in India: Balasore Attempts to Settle the Debate
[Abhinav is a student at West Bengal National University of Juridical Sciences, Kolkata] A single-judge bench of Calcutta High Court on...
Abhinav Gupta
Oct 24, 20206 min read
313
How Serious is Serious Enough? Understanding Arbitrability of Fraud in India
[Shourya is an Associate (Dispute Resolution) at SAMVAD Partners (New Delhi) and an Editor at IRCCL, while Anujay is a law graduate...
Shourya Bari, Anujay Shrivastava
Oct 5, 20206 min read
447
Remittal of Arbitral Award: An Analysis of Section 34(4) of the Arbitration Act
[Tanya Varshney is a fourth-year student at Jindal Global Law School.] In Kinnari Mullick v. Ghanshyam Das Damani, the Supreme Court of...
Tanya Varshney
Sep 29, 20184 min read
1,038
SC Clears the Air on Commencement of Limitation Period for Setting Aside Arbitral Award
[Rishi Sehgal is a fourth-year student at RMLNLU Lucknow.] On August 8, 2018, the Supreme Court of India, in Ved Prakash Mithal v. Union...
Rishi Sehgal
Sep 25, 20185 min read
562
Non-Arbitrability of Lease Disputes - Examining Himangi Enterprises
[Priya Gupta is a fourth-year student at GNLU, Gandhinagar.] Over the course of time, India has focused on establishing itself as a...
Priya Gupta
Sep 18, 20184 min read
58
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