A Black-Lettered Solution to the Vagueness of Section 36(3) of the Arbitration and Conciliation Act, 1996
This Article aims to propose a solution that avoids any apparent delay in Indian domestic arbitration through Section 36(3).
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Sep 28
Defective Notice: Roadblock to the Appointment of an Arbitrator
These recent trends highlight the importance of adhering to pre-arbitral steps especially the filing of a valid notice
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Sep 21
Revisiting the scope of Judicial Scrutiny under Section 9 of the Indian Arbitration Act, 1996
Revisiting the scope of Judicial Scrutiny under Section 9 of the Indian Arbitration Act, 1996.
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Aug 31
DMRC v DAMEPL: A Setback for the Indian Arbitral Jurisprudence?
upholding valid arbitral awards ensuring minimum judicial intervention and disallowing enforceability of awards
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Aug 24
Analysing the mandatory nature of Multi-Tiered Dispute Resolution Clauses
This article explains the mandatory nature of Multi-Tiered Dispute Resolution Clauses
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Aug 17
From Consent to Complication: Analysing the Inclusion of Corporate Representatives in Arbitration
The article explores the evolving interpretation of the Group of Companies Doctrine (GoCD) in arbitration.
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Aug 10
The Crypto Dispute Resolution: Deciphering the Scope of Arbitration in the Blockchain Age
This article explores into the convergence of blockchain technology, smart contracts, and
arbitration in India.
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Jul 27
Arbitration Bar of India: Revolutionizing Institutional Arbitration in India
Aryaman Setia[i] Introduction The inauguration of the Arbitration Bar of India (“ABI”) on May 11, 2024 has raised significant...
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Jun 29
Kompetenz-Kompetenz as the Saviour? Empowering Tribunals against Hybrid Clauses
Shambhavi & Satyam* I. INTRODUCTION Party autonomy is one of the basic tenets of arbitration as an Alternate Dispute Resolution (“ADR”)...
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Apr 28
RISE OF ONLINE ARBITRATION IN INDIA: CHALLENGES, OPPORTUNITIES AND CALL FOR A CODE
Siddh Sanghavi[1] Introduction The concept of Arbitration is broadly based on two important principles flexibility and party autonomy....
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Mar 30
Reinforcement of Doctrine of Separability and Competence-Competence
Abhinaya Ranganathan[1] & Akshita Grover[2] An arbitration agreement is a creation of a contract and is thus governed by the Arbitration...
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Mar 16
The Role of Emergency Arbitration in India: Navigating Urgent Relief in Arbitral Proceedings
* Sarthak Srivastava INTRODUCTION Emergency arbitration is a concept in India that allows parties involved in a dispute to seek urgent...
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Mar 9
Tribunal Oversight: Assessing Evidence Adequacy vis-a-vis Damages
Yash Tiwari & Ayush Bajpai[1] Introduction The efficacy of any business contract is contingent on the assumption, that any of the parties...
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Mar 2
No Stamps No Problem? Navigating Arbitration Agreements Post ‘In Re: Interplay’
Anubhav Patidar[1] and Sarthika Singhal [2] Introduction A seven-judge Constitutional Bench of Hon’ble Supreme Court in its recent...
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Feb 24
Navigating Uncharted Territories: ICSID Tribunals’ Power to Remove Counsel
This article was originally published on the HNLU CCLS Blog on November 23, 2023 (find here). Aarya Parihar* The role of a lawyer is...
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Feb 16
Incorporation of ‘Group of Companies’ Doctrine: Decoding the consent aspect of the SC Ruling
Digvijay Khatai[1] and Jibisa Janvi Behera[2] I. Introduction On 6th December 2023, the Supreme Court bench comprising Chief Justice of...
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Feb 10
Clarity Amidst Controversy: Has Green Light been given on Unstamped Arbitration Agreements?
Kushagra Tolambia I. Introduction The interpretation of unstamped arbitration agreements has been a contentious issue before various...
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Jan 26
Navigating the Uncharted Water of §1782: Impact on International Arbitration and Evidence Collection
Yuvraj Sharma* Introduction In recent years, an increasing number of U.S. courts have been involved in cases dealing that revolve around...
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Jan 19
India's Economic Rise Sparks Demand for Efficient Dispute Resolution: The Evolution of Institutional Arbitration and the Rise of India as a Global Arbitration Hub
- Harsh Mahaseth and Anvita Sharma[i] India's remarkable ascent as a key player in the global economy continues, characterized by a surge...
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Dec 12, 2023
Analyzing the Conundrum Around the Nature of Mediation & Conciliation Clauses
Advik Rijul Jha[1] I. Introduction Arbitration as a preferred mode of Dispute Resolution has proliferated over the years in India, with...
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Dec 1, 2023
Traversing the Constitutional Jurisprudence of a Pre-Deposit Clause in Arbitration Agreement
Shelal Lodhi Rajput[1] Introduction: The Supreme Court in Lombardi v. Engineering Limited (“Lombardi”), delivered by a 3-judge bench,...
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Nov 4, 2023
Deconstructing the Appointment of Arbitrators Amidst Med-Arb Enigma in the Indian Landscape
-Utkarsh Srivastava[1] and Gaurav Choudhary[2] Part I- Introduction The trajectory of the process of the appointment of an arbitrator...
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Oct 15, 2023
Harmonizing ESG Disputes through Arbitration: Analyzing Positive Contribution of Resolution Forums
Nitesh Ranjan[1] & Aman Upadhyay[2] ESG stands for Environmental Social Governance. In this globalized world industrial sector is...
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Oct 7, 2023
The Arbitrability of Intellectual Property Right Dispute: Scrutinizing the Circumscribed Prospect
The court and statutory provision don’t have a clear instance in IP infringement-related disputes.
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Sep 8, 2023
Evaluating the Access to Justice Rationale of Third Party Funding in India
Gautam Mohanty & Arnav Doshi[1] INTRODUCTION In a relief from a catatonic arbitration regime in the context of litigation funding, the...
240 views0 comments
Aug 19, 2023
Confidentiality in Arbitration: A Fresh Perspective for India in Light of Global Developments
Dalima Pushkarna[1] Introduction The Singapore International Commercial Court (hereinafter “SICC”) in CZT v CZU, dated 28 June 2023,...
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Aug 6, 2023
Bridging the Gap: Enforcing Mediation Settlements as Consent Awards
Examining mediation settlements as consent awards and its effects on enforcement of the same.
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Jul 30, 2023
Need for an Arbitration Clause in Settlements executed in supersession of the Original Contract
- Gaurav Rai [1] and Rakshita Singh [2] Introduction Dispute resolution clauses in Commercial Contracts provide for the dispute to...
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Jul 16, 2023
Navigating Legal Uncertainty: Enforceability of Unstamped Arbitration Agreements
Shaswat Kashyap & Snigdha Dash[1] The noteworthy decision by a three-judge bench of the Supreme Court in N.N. Global 2021, diverted from...
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Jul 8, 2023
Treading the Meandering Path Paved by Section 11(6A)
Dhanya Jha[1] 1. Introduction The ordeal of the judiciary while adjudicating proceedings under Section 11 of the Arbitration and...
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Jul 1, 2023
The Conundrum of Anti-Arbitration Injunction and its Current Scenario
Kushagra Tolambia[1] A court may issue an Anti-Arbitration Injunction ("AAI") to prevent parties or an arbitral panel from initiating or...
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Jun 24, 2023
Enforceability of an Arbitration Clause Contained in an Unstamped Contract
*Sparsh Srivastava[1] Introduction Over the years, several legal proceedings have focused on the question of whether an arbitration...
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Jun 3, 2023
The Tale of Unilaterally Appointed Arbitrators under Indian Law — Can their Mandate be Resurrected?
Priyanshu Shrivastava[1] Background Giving one party the right to appoint an arbitrator of their choice, directly or indirectly, goes...
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May 26, 2023
The Intersection of Arbitration & Insolvency Laws in India: A Jurisdictional Conundrum
Gautam Mohanty[1] & Shivam Hargunani[2] INTRODUCTION The distinct nature of arbitration and insolvency regimes is apparent. While the...
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Mar 11, 2023
Apparent Bias of Arbitrator: An overview vis-a-vis CFJ v. CFL judgment
*Ishika Chauhan **Yash Bhatnagar Introduction On 31 January 2023, the Singapore International Commercial Court (Court) delivered a vital...
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Feb 25, 2023
A Critique of the Defence of Nullity in the Enforcement of Arbitration Awards
-Haaris Moosa[1] Facts and Judgment The judgment of the Delhi High Court in Hindustan Zinc Ltd. v. National Research Development Corpn[2]...
1,697 views0 comments
Jan 28, 2023
The Pre-Deposition Conundrum: Comparing Section 19 of the MSMED Act with reference to Act, 1996
Shubhendra Mishra[1] Introduction The Micro Small and Medium Enterprises Development Act, 2006 (hereinafter ‘Act’) was framed as a single...
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Jan 10, 2023
Empowering Indian Courts to modify arbitral awards
Aditya Singh & Rahul Kumar* Introduction The scope of Judicial intervention in Arbitration proceedings in India has been a matter of...
1,264 views1 comment
Nov 30, 2022
Supervisory Jurisdiction of the High Court and its Application in the Arbitral Process
*Gautam Mohanty & ** Abhay Raj I. Introduction The Constitution of India 1949 (“Constitution”), in its Article 227, postulates a specific...
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Nov 12, 2022
A Step to the fore in Arbitration- Third-Party Funding
Unnati Sinha[1] Introduction Third-Party Funding is a term that sounds foreign and is often seen as being illegitimate in India. However,...
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Oct 14, 2022
Fees of Arbitrators under The Indian Arbitration Regime: Time to shift the focus on affordability
-Samarth Kapoor[1] Introduction Arbitration is considered an alternative to traditional Court litigation. Comparing both the mechanisms...
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Oct 1, 2022
Escalation Clauses & Pre-Conditions to Arbitration-A matter of jurisdiction or admissibility?
Richa Jain[1] INTRODUCTION In a recent ruling of the Hong Kong Court of Appeal, the reputed Herbert Smith Freehills law firm has once...
1,243 views0 comments
Sep 23, 2022
Strides of Pride: Recent Changes and Developments in the Indian Arbitration Scenario
Unnati Sinha[1] Introduction The Arbitration & Conciliation Act (“Act”)(hereafter referred to as "the 1996 Act") was initially made...
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Jul 8, 2022
Antrix-Devas Dispute: A Tale of Proving Corruption Allegations in International Arbitration
*Arnav Doshi Introduction The growing tendency of corruption employed as a ground for non-enforcement of arbitral awards has awoken...
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Jun 24, 2022
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...
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Jun 17, 2022
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...
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May 20, 2022
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...
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May 8, 2022
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...
569 views0 comments
May 1, 2022
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...
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Apr 7, 2022
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...
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