THE ARBITRATION WORKSHOP

The blog examines the increasing use of arbitration to resolve various types of real estate disputes in India, including those between countries, construction-related matters, and tech-related disputes.

This article presents a detailed legal analysis in support of the Supreme Court's landmark majority opinion in Gayatri Balaswamy v. M/S ISG Novasoft Technologies Ltd. It argues that granting courts a limited power to modify arbitral awards is a pragmatic and necessary evolution, not judicial overreach, and counters textualist critiques by defending the Court’s purposive interpretation, which frames modification as a logical corollary of severability.

The article critically examines recent developments that challenge India’s self-proclaimed pro-arbitration stance, despite legislative and judicial reforms aimed at aligning with international best practices.

This article examines the implications of DMRC v. DAMEPL, contrasts India’s approach with global best practices, and highlights the negative impact on the business climate of arbitration in India.

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.