Contractual Interpretation in Arbitration: Balancing Business Intent and Judicial Oversight
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.
Apr 26
42
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.
Apr 13
76
Beyond Arbitration, ODR, and Litigation: Rethinking Dispute Resolution for Crypto Conflicts
Rethinking Dispute Resolution for Blockchain & Crypto Conflicts
Mar 16
170
Maintaining the Balance: A Case for Retaining Adverse Inference under ICSID Rules 2022
- Khyati Maurya [1] & Saransh Sood [2] Â Introduction The new Arbitration Rules of the International Centre for Settlement of Investment...
Mar 8
81
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
108
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
448