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
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
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
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]...
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- Jan 28
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
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...
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- 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...
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- 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...
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- 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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- Apr 2, 2022
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, 2022
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, 2022
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, 2022
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, 2022
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.
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- 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.
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- 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.
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- 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.
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