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.
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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.
610
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.
1,650
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...
399
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.
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Ghazal Bhootra
Aug 3, 20236 min read
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.
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Archisman Chatterjee, Sanidhya Somvanshee
Jul 31, 20236 min read
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.
3,239
Ryan Joseph, Aswath Srinivasan
Feb 14, 20236 min read
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.
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Sanya Goel
Nov 5, 20226 min read
Delhi High Court on Specific Performance of Determinable Contracts
The author examines the duality in perceiving determinability of contracts in India.
3,072
Tanmay Gupta, Shobhit Shukla
Apr 16, 202210 min read
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.
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Rida Ameen
Feb 19, 20226 min read
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.
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Varun Kasthuri
Jan 10, 20226 min read
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.
560
Abhijit Vadavalli, Tanmay Gupta
Jun 22, 20215 min read
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.
637
Soham Banerjee
Jun 6, 20216 min read
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.
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Harsh Pati Tripathi, Uddeshya Singh
Dec 26, 20206 min read
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.
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Priya
Nov 29, 20206 min read
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...
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Abhinav Gupta
Oct 24, 20206 min read
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...
303
Shourya Bari, Anujay Shrivastava
Oct 5, 20206 min read
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...
426
Tanya Varshney
Sep 29, 20184 min read
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...
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Rishi Sehgal
Sep 25, 20185 min read
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...
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Priya Gupta
Sep 18, 20184 min read
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...
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Nandini Garg
Sep 9, 20184 min read
Neutrality of Arbitrators in India
[Nandini Garg is a fifth-year student at National Law Institute University, Bhopal.] The Law Commission of India in its 246th report...
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