THE ARBITRATION WORKSHOP

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.

Relationship Between Investment Arbitration and Environmental Law -Case Analysis of Perenco v Ecuador

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.

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