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.

This article examines the Group of Companies Doctrine in arbitration, which allows binding non-signatories to arbitration agreements.

This article explains the mandatory nature of Multi-Tiered Dispute Resolution Clauses

The article explores the evolving interpretation of the Group of Companies Doctrine (GoCD) in arbitration.

Kushagra Tolambia I. Introduction The interpretation of unstamped arbitration agreements has been a contentious issue before various...