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Reforming Arbitration in India: Analysing the Proposed Amendments in the 2024 Draft Bill
In this article, the amendments proposed in the draft bill, pros and cons of the amendments, and a general overview of the bill are extensively analysed.
9 hours ago
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Beyond Arbitration, ODR, and Litigation: Rethinking Dispute Resolution for Crypto Conflicts
Rethinking Dispute Resolution for Blockchain & Crypto Conflicts
Mar 16
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Maintaining the Balance: A Case for Retaining Adverse Inference under ICSID Rules 2022
- Khyati Maurya [1] & Saransh Sood [2] Introduction The new Arbitration Rules of the International Centre for Settlement of Investment...
Mar 8
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Navigating Maritime Disputes: Interplay of the Admiralty Act, 2017, and Arbitration Act, 1996
Navigating Maritime Disputes: Interplay of the Admiralty Act, 2017, and Arbitration Act, 1996
Feb 2
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Appellate Arbitral Tribunals: A Critical Analysis of Section 34A of the Draft Arbitration and Conciliation Amendment Bill, 2024
The inclusion of Appellate Arbitral Tribunals under Section 34A of the Draft Arbitration and Conciliation Amendment Bill
Jan 5
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Group of Companies in Arbitration Proceedings: Balance between Misinterpreted Consent and Flexible Interpretation
This article examines the Group of Companies Doctrine in arbitration, which allows binding non-signatories to arbitration agreements.
Dec 15, 2024
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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...
Oct 19, 2024
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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.
Oct 12, 2024
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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).
Oct 6, 2024
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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
Sep 28, 2024
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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.
Sep 21, 2024
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DMRC v DAMEPL: A Setback for the Indian Arbitral Jurisprudence?
upholding valid arbitral awards ensuring minimum judicial intervention and disallowing enforceability of awards
Aug 31, 2024
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Analysing the mandatory nature of Multi-Tiered Dispute Resolution Clauses
This article explains the mandatory nature of Multi-Tiered Dispute Resolution Clauses
Aug 24, 2024
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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.
Aug 17, 2024
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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.
Aug 10, 2024
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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...
Jul 27, 2024
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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”)...
Jun 29, 2024
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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....
Apr 28, 2024
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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...
Mar 30, 2024
348 views
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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...
Mar 16, 2024
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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...
Mar 9, 2024
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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...
Mar 2, 2024
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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...
Feb 24, 2024
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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...
Feb 16, 2024
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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...
Feb 10, 2024
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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...
Jan 26, 2024
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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...
Jan 19, 2024
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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...
Dec 12, 2023
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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,...
Dec 1, 2023
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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...
Nov 4, 2023
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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...
Oct 15, 2023
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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.
Oct 7, 2023
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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...
Sep 8, 2023
294 views
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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,...
Aug 19, 2023
338 views
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Bridging the Gap: Enforcing Mediation Settlements as Consent Awards
Examining mediation settlements as consent awards and its effects on enforcement of the same.
Aug 6, 2023
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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...
Jul 30, 2023
521 views
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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...
Jul 16, 2023
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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...
Jul 8, 2023
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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...
Jul 1, 2023
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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...
Jun 24, 2023
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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...
Jun 3, 2023
578 views
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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...
May 26, 2023
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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...
Mar 11, 2023
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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]...
Feb 25, 2023
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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...
Jan 28, 2023
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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...
Jan 10, 2023
1,294 views
1 comment


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...
Nov 30, 2022
1,645 views
1 comment


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,...
Nov 12, 2022
301 views
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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...
Oct 14, 2022
2,278 views
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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...
Oct 1, 2022
1,530 views
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