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.

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

The inclusion of Appellate Arbitral Tribunals under Section 34A of the Draft Arbitration and Conciliation Amendment Bill