Arbitration | IRCCL

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.

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.

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.

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...

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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...

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...

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...

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...

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...

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...

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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