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    Article V (1)(e), NYC: A Peculiar Phenomena of Awards being Enforced after being Set Aside-II
    • 4 days ago

    Article V (1)(e), NYC: A Peculiar Phenomena of Awards being Enforced after being Set Aside-II

    *Manan Shishodia This is the second part of the blog post dealing with the phenomena of awards being enforced after being set aside...
    43 views0 comments
    Article V (1)(e), NYC: A Peculiar Phenomena of Awards being Enforced after being Set Aside
    • Jun 17

    Article V (1)(e), NYC: A Peculiar Phenomena of Awards being Enforced after being Set Aside

    *Manan Shishodia This is the first part of the blog post dealing with the phenomena of awards being enforced after being set aside. The...
    153 views0 comments
    Interpretation of Contract v. Disregard of the terms of the Contract
    • May 20

    Interpretation of Contract v. Disregard of the terms of the Contract

    Analysis of Section 28(3) of the Arbitration and Conciliation Act, 1996 Sneha Rath[1] and Gaurav Rai[2] PDF version of the Article...
    259 views0 comments
    Imposing Environmental Obligations in Investment Arbitration
    • May 8

    Imposing Environmental Obligations in Investment Arbitration

    *Umang Bhat Nair Introduction As things stand today, climate change poses a grave threat that we cannot turn a blind eye to any more. The...
    109 views0 comments
    Singapore’s Emergence as a Global Centre for Arbitration
    • May 1

    Singapore’s Emergence as a Global Centre for Arbitration

    Harsh Mahaseth* | Aadya Narain­ I. Introduction The Singapore International Arbitration Centre (SIAC) opened a representative office...
    256 views0 comments
    The Refusal to Refer to Statutory Arbitration: Another bump in India’s pro-arbitration stance?
    • Apr 7

    The Refusal to Refer to Statutory Arbitration: Another bump in India’s pro-arbitration stance?

    *Neil Chatterjee Recently, the Indian Supreme Court (“Court”) in Vodafone Idea Cellular Ltd. v Ajay Kumar Agarwal (“Vodafone-Idea”) once...
    156 views0 comments
    Arbitrator Beware: Comparatively Analysing the Balancing Act of Arbitrator Immunity
    • Apr 2

    Arbitrator Beware: Comparatively Analysing the Balancing Act of Arbitrator Immunity

    *Prateek 1. Introduction: With the rapid growth of cross-jurisdictional trade catalysed by globalisation, arbitration has been gaining...
    49 views0 comments
    ANALYSING THE ENIGMATIC THRESHOLD OF INDIAN INTERVENTION IN FOREIGN ARBITRAL SEATS
    • Mar 25

    ANALYSING THE ENIGMATIC THRESHOLD OF INDIAN INTERVENTION IN FOREIGN ARBITRAL SEATS

    BY HARDIK SHARMA[1] INDIA & INTERNATIONAL COMMERCIAL ARBITRATION It is pertinent to comprehend the very need that stems as a result of...
    108 views0 comments
    Exercising Discretion in Stay of Enforcement of a Domestic Arbitration award
    • Mar 16

    Exercising Discretion in Stay of Enforcement of a Domestic Arbitration award

    An article discussing the conflict between CPC and Arbitration Act relating to stay of enforcement of a domestic arbitration award.
    506 views0 comments
    HOMERUN IN INDIA: BASEBALL ARBITRATION
    • Mar 8

    HOMERUN IN INDIA: BASEBALL ARBITRATION

    -Ajay* & Shreya Nair** UNDERSTANDING “BASEBALL ARBITRATION” Baseball arbitration is the kind of arbitration that lacks investment in...
    93 views1 comment
    HALLIBURTON OFFSHORE SERVICES INC. V. VEDANTA LIMITED-THE CURIOUS CASE OF INJUNCTED BANK GUARANTEES
    • Feb 21

    HALLIBURTON OFFSHORE SERVICES INC. V. VEDANTA LIMITED-THE CURIOUS CASE OF INJUNCTED BANK GUARANTEES

    Gautam Mohanty* & Yasaschandra Devarakonda** The Hon’ble High Court of Delhi [the “Court”] on 20th April 2020, in the case of M/s...
    503 views0 comments
    UNILATERAL APPOINTMENT & REFUSAL TO SET ASIDE THE AWARD:  THE PERILS OF THE DELHI HC JUDGMENT
    • Dec 10, 2021

    UNILATERAL APPOINTMENT & REFUSAL TO SET ASIDE THE AWARD: THE PERILS OF THE DELHI HC JUDGMENT

    -Rohan Gulati* Introduction & Factual Background Recently, in Kanodia Infrastructure Ltd. v. Dalmia Cement (Bharat) Ltd.[1], the Hon’ble...
    451 views0 comments
    PATENT ILLEGALITY: A CASE FOR A STRENGTHENED ENFORCEMENT REGIME
    • Dec 1, 2021

    PATENT ILLEGALITY: A CASE FOR A STRENGTHENED ENFORCEMENT REGIME

    Arnav Doshi[1] INTRODUCTION The arrival of the significant ruling in Delhi Airport Metro Express Private Limited v. Delhi Metro Rail...
    260 views0 comments
    Loss of Profit & other damages for prolongation of the contract
    • Nov 25, 2021

    Loss of Profit & other damages for prolongation of the contract

    Abhijeet Kumar[1] Introduction 1. In works contract, delays and prolongation are inevitable which are entered into for long projects....
    1,435 views0 comments
    Supreme Court of India in Gemini Bay: Pushing non-signatories up against the wall?
    • Nov 15, 2021

    Supreme Court of India in Gemini Bay: Pushing non-signatories up against the wall?

    Harshvardhan Tripathi [1] Introduction The readers of arbitration law would be well aware that consent is considered the “cornerstone” of...
    266 views0 comments
    Arbitration: The Consenting Versus The Non-Consenting
    • Sep 30, 2021

    Arbitration: The Consenting Versus The Non-Consenting

    Harshit Batra discusses consent in binding of non-signatories to arbitration.
    351 views0 comments
    APPEAL MECHANISM IN INVESTMENT ARBITRATION: TIME TO REVISIT ICSID CONVENTION
    • Sep 20, 2021

    APPEAL MECHANISM IN INVESTMENT ARBITRATION: TIME TO REVISIT ICSID CONVENTION

    -Aditya Rathore and Amit Chawla[1] 1. Introduction Investor-State Dispute Settlement (ISDS) is a legal provision in International...
    373 views0 comments
    COURT’S POWER UNDER SECTION 34: THE EXTENT AND SCOPE OF THE APPLICATION THROUGH NHAI V. M. HAKEEM
    • Sep 13, 2021

    COURT’S POWER UNDER SECTION 34: THE EXTENT AND SCOPE OF THE APPLICATION THROUGH NHAI V. M. HAKEEM

    Swetalana Rout In a significant ruling of the Supreme Court[1], it has been decided that the scope of power of a Court is limited to the...
    681 views0 comments
    Finding The Tryst Between International Arbitration & Cross-Border Insolvency: An Indian Perspective
    • Sep 2, 2021

    Finding The Tryst Between International Arbitration & Cross-Border Insolvency: An Indian Perspective

    *Snehil Balani Understanding the Problem There is a constant wiggle between international arbitration proceedings and cross-border...
    170 views0 comments
    Exclusive Jurisdiction v. Forum Selection Clauses: What’s Brewing Amongst the High Courts?
    • Aug 25, 2021

    Exclusive Jurisdiction v. Forum Selection Clauses: What’s Brewing Amongst the High Courts?

    How do we resolve the seat v. forum selection clause debate.?
    80 views0 comments
    Northrop Grumman v. Venezuela: Further Diversifying the Doctrine of Impracticability
    • Aug 18, 2021

    Northrop Grumman v. Venezuela: Further Diversifying the Doctrine of Impracticability

    If the court is of the view that the arbitration proceedings cannot be carried out, then it has the power to change the seat of arbitration
    104 views0 comments
    Towards a Permanent Court of Investment Arbitration
    • Aug 13, 2021

    Towards a Permanent Court of Investment Arbitration

    This paper discusses the creation of a Permanent Court of Investment Arbitration (“PCIA”).
    95 views0 comments
    Institutional Innovations – a threat to the Lex Arbitri?
    • Aug 6, 2021

    Institutional Innovations – a threat to the Lex Arbitri?

    Umang Bhat Nair[1] Arbitration today, as a means of consensual dispute resolution, can be likened to a game of football where the...
    175 views0 comments
    • Aug 1, 2021

    Arbitrating Shareholder Disputes: A Case for Emergency Arbitration in India

    Gaurav Rai and Suraj Raj Kesherwani dive deep into the world shareholder disputes and the need for emergency arbitration in India.
    229 views0 comments
    • Jul 23, 2021

    Application of Limitation Act,1963 to Arbitration And Conciliation Act, 1996

    In this article, Arpit Sarangi discusses the law of limitation as it is applicable to the Arbitration and Conciliation Act, 1996
    1,266 views0 comments
    • Jul 11, 2021

    Supreme Court of India resolves the ‘venue’/‘seat’ of arbitration conundrum

    Harshvardhan Tripathi of NALSAR , Hyderabad takes us through the development of jurisprudence of the venue/seat debate.
    1,883 views0 comments
    • Jun 26, 2021

    Indian Parties Choosing a Foreign Seat of Arbitration: Few Words of Caution

    -Rohan Gulati* INTRODUCTION While unraveling the curtains of party autonomy in arbitration, the aspect of two Indian parties selecting a...
    132 views0 comments
    • Jun 5, 2021

    Arbitrating Climate Change in India

    Primer on the important legislations related to the environment and how it could be practical to adopt arbitration to resolve such disputes.
    659 views1 comment
    • May 21, 2021

    Alternative Dispute Resolution: An Effective Mechanism for Settlement of Climate Change Disputes-I

    This article discusses the possibility of resolving climate change disputes by arbitration and mediation.
    414 views0 comments
    • Apr 20, 2021

    Fraud/Corruption vis-à-vis Arbitration and Conciliation (Amendment) Bill 2021: Part I

    - Rituparna Padhy This is Part I of a three-part series on the new proviso regarding unconditional stay of an award upon discovery of...
    436 views0 comments
    The Public Policy Issue in Awards Without Proper Reason–Madras High Court
    • Apr 11, 2021

    The Public Policy Issue in Awards Without Proper Reason–Madras High Court

    Milind Yadav[1] The 2019 amendments to the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) has helped propel India forward as...
    138 views0 comments
    ANGLO AMERICAN METALLURGICAL v. MMTC LTD: DETERMINING THE PLAUSIBILITY OF THE TRIBUNAL’S VIEW
    • Feb 18, 2021

    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
    741 views0 comments
    Balasore Alloys Limited v. Medima LLC- Two different arbitration clauses in two related agreements
    • Feb 7, 2021

    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....
    377 views0 comments
    Contractual Interpretation in Arbitrations: Business Efficacy and Business Common Sense
    • Dec 31, 2020

    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.
    435 views0 comments
    Fallacy of arguing Economic Duress to challenge supplementary agreements in Construction Contracts
    • Dec 15, 2020

    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.
    368 views0 comments
    The Arbitrability of Fraud – A Perspective
    • Dec 9, 2020

    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
    373 views0 comments
    Joinder of Third-Party Funders in International Commercial Arbitrations - Where should we go now?
    • Nov 25, 2020

    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.
    335 views0 comments
    The Underlying Uncertainty of the Alternatives: Effectiveness of Multi-Tier Arbitration Clause
    • Nov 20, 2020

    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.
    573 views0 comments
    Evading Competition law disputes through Arbitration: Piercing the Archaic Misconceptions
    • Nov 7, 2020

    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
    197 views0 comments
    Exclusionary Clauses in Construction Contracts – Development of Jurisprudence vis-à-vis Arbitration
    • Oct 27, 2020

    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.
    1,721 views0 comments
    Institutional Arbitration Post the Arbitration and Conciliation (Amendment) Act, 2019
    • Oct 21, 2020

    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...
    529 views0 comments
    International Arbitration and Artificial Intelligence
    • Oct 14, 2020

    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.
    342 views0 comments
    Does an Arbitrator have the complete power to award Interest Pendente Lite: Truth or Delusion?
    • Oct 7, 2020

    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.
    791 views0 comments
    Evaluating The Scope of Arbitral Tribunal To Award Interest
    • Oct 7, 2020

    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.
    369 views0 comments
    Replacing Arbitrators with Artificial Intelligence in International Arbitration
    • Sep 28, 2020

    Replacing Arbitrators with Artificial Intelligence in International Arbitration

    Nothing can replace human virtue which is the most fundamental requirement for justice.
    426 views0 comments
    Balancing Competing Interests in intersection of Arbitration and Winding up Proceedings: Part II
    • Sep 20, 2020

    Balancing Competing Interests in intersection of Arbitration and Winding up Proceedings: Part II

    - Purbasha Panda* Part I of this Article dealing with the Judgment of the Singapore Court of Appeal can be accessed here. part two deals...
    115 views0 comments
    GMR v. NHAI: An Inquiry into Post-Award Treatment of Disputes
    • Sep 13, 2020

    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.
    424 views0 comments
    Balancing competing interests in intersection of Arbitration and Winding Up proceedings: Part I
    • Aug 31, 2020

    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
    104 views0 comments
    Venue, Place and Seat: What’s the Good Word?
    • Aug 24, 2020

    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.
    258 views0 comments
    Saga of Performance of Reciprocal Promises in Arbitration Proceedings
    • Aug 18, 2020

    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.
    507 views0 comments

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