Feb 18 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 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. Me...
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.
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.
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
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.
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.
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
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.
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 (Amendmen...
