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...
- Jul 8
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
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
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
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
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...
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- 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...
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- 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...
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- 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...
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- 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...
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- 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.
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- Mar 8
HOMERUN IN INDIA: BASEBALL ARBITRATION
-Ajay* & Shreya Nair** UNDERSTANDING “BASEBALL ARBITRATION” Baseball arbitration is the kind of arbitration that lacks investment in...
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- 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...
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- 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...
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- 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...
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- 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....
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- 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...
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- Sep 30, 2021
Arbitration: The Consenting Versus The Non-Consenting
Harshit Batra discusses consent in binding of non-signatories to arbitration.
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- 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...
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- 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...
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- 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...
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- 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.?
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- 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
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- Aug 13, 2021
Towards a Permanent Court of Investment Arbitration
This paper discusses the creation of a Permanent Court of Investment Arbitration (“PCIA”).
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- 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...
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- 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.
263 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
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- 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.
2,216 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...
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- 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.
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- 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.
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- 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...
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- 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...
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- 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
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- 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....
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- 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.
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- 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.
431 views0 comments
- 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
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- 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.
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- 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.
617 views0 comments
- 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
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- 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.
1,864 views0 comments
- 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...
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- 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.
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- 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.
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- 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.
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- Sep 28, 2020
Replacing Arbitrators with Artificial Intelligence in International Arbitration
Nothing can replace human virtue which is the most fundamental requirement for justice.
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- 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...
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- 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.
435 views0 comments
- 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
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