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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
107
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
285
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
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
204
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
359
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
363
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
2,926
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
290
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
570
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
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
418
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...
Harshal Chhabra, Shaswat Kashyap
Mar 2, 20246 min read
336
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.
Tarasha Gupta
Jan 17, 20247 min read
737
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.
Riddhi Jhanwar, Rahul Jacob
Jan 14, 20246 min read
379
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.
Aamir Kapadia, Shivam Yadav
Jan 13, 20246 min read
494
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.
Samreedhi Gupta
Sep 30, 20235 min read
413
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.
Arya Tiwari, Trilok Choudhary
Sep 6, 20235 min read
640
Unstamped Arbitration Agreement: Incapable of Being Acted Upon?
SC has held that an agreement containing an arbitration clause is unenforceable in law if it is not stamped or is insufficiently stamped.
Divya Gupta
Aug 31, 20235 min read
125
Section 36 of Stamp Act: A Defense Against NN Global or a Fruitless Argument?
If an improper construction of Section 36 of Stamp Act is allowed, it would defeat the original purpose of safeguarding state revenue.
Arun Raghuram Mahapatra
Aug 25, 20235 min read
706
Clarity or Perplexity: Undetermined Questions in NN Global II
It may be prudent for the SC to issue clarifications with respect to the various matters in question which remain unanswered in NN Global.
Drishti Rajain, Pallavi Mishra
Aug 24, 20237 min read
266
The Stamp Duty Conundrum: Unstamped Arbitration Agreements Examined in NN Global
The author analyses NN Global by comparing it to the pre-conditions of this judgment and its impact on the arbitration mechanism in India.
Basil Gupta
Aug 11, 20237 min read
903
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
4,296
Applications Challenging Arbitral Awards: The Issue of Non-Est Filing
The author remarks that in India, the average disposal time of Section 34 applications is alarmingly high and discusses possible solutions.
Anupam Verma
Jul 8, 20237 min read
684
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