THE ARBITRATION WORKSHOP

Dear Advocates, Students and Professionals associated with Arbitration,

This blog is an attempt by its promoters to create an environment for discussion on the functioning and working of Arbitral Tribunals and the interaction of the Arbitration and Conciliation Act, 1996 with the Tribunals. This blog will attempt to de-mystify the laws as argued in connection with the Arbitration Acts across the globe which are based on the UNCITRAL Model Law of 1996 and address the working of contractual provisions as argued in trial. This attempt is also to get members of the bar working in arbitration, across global jurisdictions, to express their views in connection to the working of Arbitral Tribunals, drawing from their own experiences and to involve them in making this blog a practical approach to arbitration rather than a theoretical one. Besides dealing with modalities of functioning of Arbitral Tribunals, this blog from time to time will also keep its readers updated about the major shifts and trends of International Commercial Arbitration.

As the name of this blog would suggest, we are attempting to look specifically at the workings of Arbitral Tribunals and not the aspects of the Arbitration Act beyond the Arbitral Tribunals. In all, we would like to raise the level of arbitration advocacy in India and around the world and promote greater discussions on various aspects of arbitration. The same will be done while maintaining confidentiality of all the stakeholders of the arbitration from which the participants will draw their experiences.

With regards,

Gaurav Rai and Gautam Mohanty

Editors, The Arbitration Workshop

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GMR v. NHAI: An Inquiry into Post-Award Treatment of Disputes

The decision of the Delhi High Court in this case undermines the ability of the parties to tailor the arbitration according to their needs.

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Interview with Mr. Dharmendra Rautray, Partner, Kachwaha & Partners

The need for politeness and courtesy is not restricted to advocacy but must also reflect in the pleadings.

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Balancing competing interests in intersection of Arbitration and Winding Up proceedings: Part I

What is the appropriate standard of review with respect to stay on winding up application, when the same is subject to an arbitration clause

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Venue, Place and Seat: What’s the Good Word?

parties must make sure to use the term ‘seat’/’juridical place’, as it almost leaves no room for differing interpretations.

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Saga of Performance of Reciprocal Promises in Arbitration Proceedings

In contract of reciprocal promises where one party prevents the other from performing the contract, such contract becomes voidable.

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‘Notional Proportional Loss’ Formula: Del HC’s Analysis of the Erroneous Novel Formula for Damages

[T]he authors conclusively put that Arbitrator should not have deviated from the standard formulas for computation of damages.

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Recourse against Arbitral Awards in India: Navigating Murky Waters

A detailed examination on considering the evidence is not warranted in an application for setting aside awards.

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MMTC v. Anglo American– Can the Arbitrators base their reasoning on Imaginary Evidences?

The interpretation given by the Courts has cautioned the arbitrators to solely deduce their reasoning based on plain evidences.

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Is Ssangyong the panacea for all cases relating to public policy?

by consolidating all the previous definitions of public policy and the applicability of same in varied instances, the judgment has already m

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The Legal Quandary of Multi-Tier Arbitral Clauses : Centrotrade v. Hindustan Copper

- Purbasha Panda[1] Staff Writer, The Arbitration Workshop A. INTRODUCTION Party autonomy is the plinth on which the entire edifice of ar...