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

3 days ago
10 min

Joinder of Third-Party Funders in International Commercial Arbitrations - Where should we go now?

If India aims to be an “arbitration hub” then it is imperative that India acknowledging Third Party Funding as a viable commercial practice.

Nov 20
10 min

The Underlying Uncertainty of the Alternatives: Effectiveness of Multi-Tier Arbitration Clause

The multi-tiered dispute-resolution clauses (“MTDC”) provide sequential dispute resolution procedures which conclude with arbitration.

Nov 7
7 min

Evading Competition law disputes through Arbitration: Piercing the Archaic Misconceptions

allowing arbitration to resolve competition law disputes with some safeguards, would be a progressive step in the right direction

Nov 1
4 min

Interview with Ms. Sapna Jhangiani QC, Partner Clyde and Co. Clasis, Singapore

Ms. Jhangiani, welcome to the Arbitration Workshop! Firstly, we congratulate you Ma’am, for being appointed the Queen’s Counsel by her Ma...

Oct 27
26 min

Exclusionary Clauses in Construction Contracts – Development of Jurisprudence vis-à-vis Arbitration

A contract or part of it is deemed to be unconscionable if it exempts any party thereto from liability for wilful breach of the contract.

Oct 21
10 min

Institutional Arbitration Post the Arbitration and Conciliation (Amendment) Act, 2019

PDF version of the Article - Shiv Sang Thakur[1] 1. Introduction The Central Government passed The Arbitration and Conciliation (Amendmen...

Oct 19
6 min

Interview with Mr. Ben Giaretta, Partner at Fox Williams LLP

One important aspect that I believe should be talked about more is the engagement of the user with arbitrators and arbitration practitioners

Oct 14
8 min

International Arbitration and Artificial Intelligence

The pursuit of justice is not to be lost in modernising law and order. Thus, AI instruments require themselves to be extremely accurate.

Oct 7
10 min

Does an Arbitrator have the complete power to award Interest Pendente Lite: Truth or Delusion?

the Court modified the award in favour of the claimant and granted interest pendente lite together with principal amount.

Oct 7
13 min

Evaluating The Scope of Arbitral Tribunal To Award Interest

The grant of refund along with eighteen percent rate of interest in addition to the damages by the arbitral tribunal was perverse.