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

Feb 18
8 min

ANGLO AMERICAN METALLURGICAL v. MMTC LTD: DETERMINING THE PLAUSIBILITY OF THE TRIBUNAL’S VIEW

a view taken by the tribunal should not be interfered with, the distinction is drawn between an alternative view and an impossible view

Feb 7
6 min

Balasore Alloys Limited v. Medima LLC- Two different arbitration clauses in two related agreements

- Gautam Mohanty[1] PDF version of the article 1. In this article, the author discusses the judgment of the Balasore Alloys Limited v....

Jan 24
8 min

Interview with Mr. Nicholas Peacock, Partner at Herbert Smith Freehills

Focus on doing each role you are given as best you can and learning from those around you.

Jan 17
6 min

Virtual Arbitration – Will the “new normal” continue to be “normal” post COVID 19.

- Er. Alpesh Subhash Yadav[1] 1. Introduction The Pandemic of COVID 19 literally tripped the circuit breakers on physical interactions...

Jan 7
7 min

Interview with Ms. Lucy Greenwood, Arbitrator and Counsel in Arbitration

We are grateful to Ms. Lucy Greenwood, who agreed to give us this interview. We are delighted that she will be sharing her experiences...

Dec 31, 2020
6 min

Contractual Interpretation in Arbitrations: Business Efficacy and Business Common Sense

Term can only be implied if it is necessary to give business efficacy and if words in a contract flout business common sense it must yield.

Dec 15, 2020
10 min

Fallacy of arguing Economic Duress to challenge supplementary agreements in Construction Contracts

Equating a financial crunch with economic duress runs contrary to and considerably dilutes the criteria for establishing duress.

Dec 9, 2020
7 min

The Arbitrability of Fraud – A Perspective

if the legislature intended to the check arbitrations in case of serious fraud, the amendment should have been brought to Section 8 and 11

Dec 1, 2020
7 min

Interview with Mr.Michael Black QC, XXIV Barristers' Chambers

.....things often happen by accident. The trick is to recognise that fate has provided you with interesting opportunity.

Nov 25, 2020
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.