THE ARBITRATION WORKSHOP

This blog critiques the Draft Arbitration and Conciliation (Amendment) Bill, 2024, for undermining the enforcement of interim measures granted by foreign-seated arbitral tribunals. By prohibiting court intervention under Section 9 during ongoing proceedings, the amendment removes a key recourse previously available under Indian law. The authors argue this creates a legal vacuum, potentially deterring foreign parties from engaging with India’s arbitration framework. They propo

Two key principles help make sense of unclear & disputed contractual clause: the Business Efficacy Test and the Officious Bystander Test. Tribunals, particularly under Indian jurisprudence, have been guided by these principles, though their application remains context-specific and occasionally contested while interpreting contracts and staying within the contractual framework to respect the parties’ intentions.

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.

Rethinking Dispute Resolution for Blockchain & Crypto Conflicts

- Khyati Maurya [1] & Saransh Sood [2]   Introduction The new Arbitration Rules of the International Centre for Settlement of Investment...

Navigating Maritime Disputes: Interplay of the Admiralty Act, 2017, and Arbitration Act, 1996