Selection from a Pool of Arbitrators: The Grey Area
Ayushi Yelimineti [1] Introduction The practice of selecting an arbitrator from a given pool of arbitrators gained much discourse after...
top of page
Oct 12
Regulating Third-Party Funding in India: Insights from Hong Kong's Legal Framework
The article discusses regulating third-party funding in India by conducting a comparative analysis with Hong Kong.
62 views0 comments
Oct 6
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).
164 views0 comments
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
198 views0 comments
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.
283 views0 comments
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
90 views0 comments
Aug 24
Analysing the mandatory nature of Multi-Tiered Dispute Resolution Clauses
This article explains the mandatory nature of Multi-Tiered Dispute Resolution Clauses
323 views0 comments
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.
141 views0 comments
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.
139 views0 comments
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...
109 views0 comments
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”)...
248 views0 comments
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....
308 views0 comments
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...
295 views1 comment
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...
407 views0 comments
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...
322 views0 comments
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...
244 views0 comments
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...
84 views0 comments
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...
230 views0 comments
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...
174 views0 comments
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...
98 views0 comments
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...
218 views1 comment
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...
127 views0 comments
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,...
560 views0 comments
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...
244 views0 comments
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...
157 views0 comments
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.
323 views0 comments
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...
256 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,...
309 views1 comment
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.
694 views0 comments
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...
476 views0 comments
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...
402 views0 comments
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...
2,186 views0 comments
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...
596 views0 comments
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...
368 views0 comments
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...
563 views0 comments
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...
335 views0 comments
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...
743 views0 comments
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]...
1,733 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...
283 views0 comments
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...
1,275 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...
1,492 views1 comment
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,...
295 views0 comments
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...
2,087 views0 comments
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...
1,381 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...
786 views0 comments
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...
531 views0 comments
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...
122 views0 comments
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...
423 views0 comments
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...
3,500 views0 comments
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...
575 views0 comments
bottom of page