THE ARBITRATION WORKSHOP

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.

Equating a financial crunch with economic duress runs contrary to and considerably dilutes the criteria for establishing duress.

if the legislature intended to the check arbitrations in case of serious fraud, the amendment should have been brought to Section 8 and 11

If India aims to be an “arbitration hub” then it is imperative that India acknowledging Third Party Funding as a viable commercial practice.

The multi-tiered dispute-resolution clauses (“MTDC”) provide sequential dispute resolution procedures which conclude with arbitration.

allowing arbitration to resolve competition law disputes with some safeguards, would be a progressive step in the right direction