top of page
Jan 5
Appellate Arbitral Tribunals: A Critical Analysis of Section 34A of the Draft Arbitration and Conciliation Amendment Bill, 2024
The inclusion of Appellate Arbitral Tribunals under Section 34A of the Draft Arbitration and Conciliation Amendment Bill
190 views0 comments
Dec 15, 2024
Group of Companies in Arbitration Proceedings: Balance between Misinterpreted Consent and Flexible Interpretation
This article examines the Group of Companies Doctrine in arbitration, which allows binding non-signatories to arbitration agreements.
61 views0 comments
Oct 19, 2024
Selection from a Pool of Arbitrators: The Grey Area
Ayushi Yelimineti [1] Introduction The practice of selecting an arbitrator from a given pool of arbitrators gained much discourse after...
128 views0 comments
Oct 12, 2024
Regulating Third-Party Funding in India: Insights from Hong Kong's Legal Framework
The article discusses regulating third-party funding in India by conducting a comparative analysis with Hong Kong.
76 views0 comments
Oct 6, 2024
A Black-Lettered Solution to the Vagueness of Section 36(3) of the Arbitration and Conciliation Act, 1996
This Article aims to propose a solution that avoids any apparent delay in Indian domestic arbitration through Section 36(3).
229 views0 comments
Sep 28, 2024
Defective Notice: Roadblock to the Appointment of an Arbitrator
These recent trends highlight the importance of adhering to pre-arbitral steps especially the filing of a valid notice
352 views0 comments
Sep 21, 2024
Revisiting the scope of Judicial Scrutiny under Section 9 of the Indian Arbitration Act, 1996
Revisiting the scope of Judicial Scrutiny under Section 9 of the Indian Arbitration Act, 1996.
409 views0 comments
Aug 31, 2024
DMRC v DAMEPL: A Setback for the Indian Arbitral Jurisprudence?
upholding valid arbitral awards ensuring minimum judicial intervention and disallowing enforceability of awards
118 views0 comments
Aug 24, 2024
Analysing the mandatory nature of Multi-Tiered Dispute Resolution Clauses
This article explains the mandatory nature of Multi-Tiered Dispute Resolution Clauses
442 views0 comments
Aug 17, 2024
From Consent to Complication: Analysing the Inclusion of Corporate Representatives in Arbitration
The article explores the evolving interpretation of the Group of Companies Doctrine (GoCD) in arbitration.
149 views0 comments
Aug 10, 2024
The Crypto Dispute Resolution: Deciphering the Scope of Arbitration in the Blockchain Age
This article explores into the convergence of blockchain technology, smart contracts, and
arbitration in India.
369 views0 comments
Jul 27, 2024
Arbitration Bar of India: Revolutionizing Institutional Arbitration in India
Aryaman Setia[i] Introduction The inauguration of the Arbitration Bar of India (“ABI”) on May 11, 2024 has raised significant...
152 views0 comments
Jun 29, 2024
Kompetenz-Kompetenz as the Saviour? Empowering Tribunals against Hybrid Clauses
Shambhavi & Satyam* I. INTRODUCTION Party autonomy is one of the basic tenets of arbitration as an Alternate Dispute Resolution (“ADR”)...
274 views0 comments
Apr 28, 2024
RISE OF ONLINE ARBITRATION IN INDIA: CHALLENGES, OPPORTUNITIES AND CALL FOR A CODE
Siddh Sanghavi[1] Introduction The concept of Arbitration is broadly based on two important principles flexibility and party autonomy....
347 views0 comments
Mar 30, 2024
Reinforcement of Doctrine of Separability and Competence-Competence
Abhinaya Ranganathan[1] & Akshita Grover[2] An arbitration agreement is a creation of a contract and is thus governed by the Arbitration...
311 views1 comment
Mar 16, 2024
The Role of Emergency Arbitration in India: Navigating Urgent Relief in Arbitral Proceedings
* Sarthak Srivastava INTRODUCTION Emergency arbitration is a concept in India that allows parties involved in a dispute to seek urgent...
510 views0 comments
Mar 9, 2024
Tribunal Oversight: Assessing Evidence Adequacy vis-a-vis Damages
Yash Tiwari & Ayush Bajpai[1] Introduction The efficacy of any business contract is contingent on the assumption, that any of the parties...
377 views0 comments
Mar 2, 2024
No Stamps No Problem? Navigating Arbitration Agreements Post ‘In Re: Interplay’
Anubhav Patidar[1] and Sarthika Singhal [2] Introduction A seven-judge Constitutional Bench of Hon’ble Supreme Court in its recent...
262 views0 comments
Feb 24, 2024
Navigating Uncharted Territories: ICSID Tribunals’ Power to Remove Counsel
This article was originally published on the HNLU CCLS Blog on November 23, 2023 (find here). Aarya Parihar* The role of a lawyer is...
88 views0 comments
Feb 16, 2024
Incorporation of ‘Group of Companies’ Doctrine: Decoding the consent aspect of the SC Ruling
Digvijay Khatai[1] and Jibisa Janvi Behera[2] I. Introduction On 6th December 2023, the Supreme Court bench comprising Chief Justice of...
248 views0 comments
Feb 10, 2024
Clarity Amidst Controversy: Has Green Light been given on Unstamped Arbitration Agreements?
Kushagra Tolambia I. Introduction The interpretation of unstamped arbitration agreements has been a contentious issue before various...
178 views0 comments
Jan 26, 2024
Navigating the Uncharted Water of §1782: Impact on International Arbitration and Evidence Collection
Yuvraj Sharma* Introduction In recent years, an increasing number of U.S. courts have been involved in cases dealing that revolve around...
102 views0 comments
Jan 19, 2024
India's Economic Rise Sparks Demand for Efficient Dispute Resolution: The Evolution of Institutional Arbitration and the Rise of India as a Global Arbitration Hub
- Harsh Mahaseth and Anvita Sharma[i] India's remarkable ascent as a key player in the global economy continues, characterized by a surge...
226 views1 comment
Dec 12, 2023
Analyzing the Conundrum Around the Nature of Mediation & Conciliation Clauses
Advik Rijul Jha[1] I. Introduction Arbitration as a preferred mode of Dispute Resolution has proliferated over the years in India, with...
130 views0 comments
Dec 1, 2023
Traversing the Constitutional Jurisprudence of a Pre-Deposit Clause in Arbitration Agreement
Shelal Lodhi Rajput[1] Introduction: The Supreme Court in Lombardi v. Engineering Limited (“Lombardi”), delivered by a 3-judge bench,...
572 views0 comments
Nov 4, 2023
Deconstructing the Appointment of Arbitrators Amidst Med-Arb Enigma in the Indian Landscape
-Utkarsh Srivastava[1] and Gaurav Choudhary[2] Part I- Introduction The trajectory of the process of the appointment of an arbitrator...
248 views0 comments
Oct 15, 2023
Harmonizing ESG Disputes through Arbitration: Analyzing Positive Contribution of Resolution Forums
Nitesh Ranjan[1] & Aman Upadhyay[2] ESG stands for Environmental Social Governance. In this globalized world industrial sector is...
173 views0 comments
Oct 7, 2023
The Arbitrability of Intellectual Property Right Dispute: Scrutinizing the Circumscribed Prospect
The court and statutory provision don’t have a clear instance in IP infringement-related disputes.
342 views0 comments
Sep 8, 2023
Evaluating the Access to Justice Rationale of Third Party Funding in India
Gautam Mohanty & Arnav Doshi[1] INTRODUCTION In a relief from a catatonic arbitration regime in the context of litigation funding, the...
274 views0 comments
Aug 19, 2023
Confidentiality in Arbitration: A Fresh Perspective for India in Light of Global Developments
Dalima Pushkarna[1] Introduction The Singapore International Commercial Court (hereinafter “SICC”) in CZT v CZU, dated 28 June 2023,...
326 views1 comment
Aug 6, 2023
Bridging the Gap: Enforcing Mediation Settlements as Consent Awards
Examining mediation settlements as consent awards and its effects on enforcement of the same.
716 views0 comments
Jul 30, 2023
Need for an Arbitration Clause in Settlements executed in supersession of the Original Contract
- Gaurav Rai [1] and Rakshita Singh [2] Introduction Dispute resolution clauses in Commercial Contracts provide for the dispute to...
499 views0 comments
Jul 16, 2023
Navigating Legal Uncertainty: Enforceability of Unstamped Arbitration Agreements
Shaswat Kashyap & Snigdha Dash[1] The noteworthy decision by a three-judge bench of the Supreme Court in N.N. Global 2021, diverted from...
403 views0 comments
Jul 8, 2023
Treading the Meandering Path Paved by Section 11(6A)
Dhanya Jha[1] 1. Introduction The ordeal of the judiciary while adjudicating proceedings under Section 11 of the Arbitration and...
2,205 views0 comments
Jul 1, 2023
The Conundrum of Anti-Arbitration Injunction and its Current Scenario
Kushagra Tolambia[1] A court may issue an Anti-Arbitration Injunction ("AAI") to prevent parties or an arbitral panel from initiating or...
607 views0 comments
Jun 24, 2023
Enforceability of an Arbitration Clause Contained in an Unstamped Contract
*Sparsh Srivastava[1] Introduction Over the years, several legal proceedings have focused on the question of whether an arbitration...
370 views0 comments
Jun 3, 2023
The Tale of Unilaterally Appointed Arbitrators under Indian Law — Can their Mandate be Resurrected?
Priyanshu Shrivastava[1] Background Giving one party the right to appoint an arbitrator of their choice, directly or indirectly, goes...
569 views0 comments
May 26, 2023
The Intersection of Arbitration & Insolvency Laws in India: A Jurisdictional Conundrum
Gautam Mohanty[1] & Shivam Hargunani[2] INTRODUCTION The distinct nature of arbitration and insolvency regimes is apparent. While the...
341 views0 comments
Mar 11, 2023
Apparent Bias of Arbitrator: An overview vis-a-vis CFJ v. CFL judgment
*Ishika Chauhan **Yash Bhatnagar Introduction On 31 January 2023, the Singapore International Commercial Court (Court) delivered a vital...
769 views0 comments
Feb 25, 2023
A Critique of the Defence of Nullity in the Enforcement of Arbitration Awards
-Haaris Moosa[1] Facts and Judgment The judgment of the Delhi High Court in Hindustan Zinc Ltd. v. National Research Development Corpn[2]...
1,774 views0 comments
Jan 28, 2023
The Pre-Deposition Conundrum: Comparing Section 19 of the MSMED Act with reference to Act, 1996
Shubhendra Mishra[1] Introduction The Micro Small and Medium Enterprises Development Act, 2006 (hereinafter ‘Act’) was framed as a single...
292 views0 comments
Jan 10, 2023
Empowering Indian Courts to modify arbitral awards
Aditya Singh & Rahul Kumar* Introduction The scope of Judicial intervention in Arbitration proceedings in India has been a matter of...
1,279 views1 comment
Nov 30, 2022
Supervisory Jurisdiction of the High Court and its Application in the Arbitral Process
*Gautam Mohanty & ** Abhay Raj I. Introduction The Constitution of India 1949 (“Constitution”), in its Article 227, postulates a specific...
1,534 views1 comment
Nov 12, 2022
A Step to the fore in Arbitration- Third-Party Funding
Unnati Sinha[1] Introduction Third-Party Funding is a term that sounds foreign and is often seen as being illegitimate in India. However,...
298 views0 comments
Oct 14, 2022
Fees of Arbitrators under The Indian Arbitration Regime: Time to shift the focus on affordability
-Samarth Kapoor[1] Introduction Arbitration is considered an alternative to traditional Court litigation. Comparing both the mechanisms...
2,199 views0 comments
Oct 1, 2022
Escalation Clauses & Pre-Conditions to Arbitration-A matter of jurisdiction or admissibility?
Richa Jain[1] INTRODUCTION In a recent ruling of the Hong Kong Court of Appeal, the reputed Herbert Smith Freehills law firm has once...
1,484 views0 comments
Sep 23, 2022
Strides of Pride: Recent Changes and Developments in the Indian Arbitration Scenario
Unnati Sinha[1] Introduction The Arbitration & Conciliation Act (“Act”)(hereafter referred to as "the 1996 Act") was initially made...
786 views0 comments
Jul 8, 2022
Antrix-Devas Dispute: A Tale of Proving Corruption Allegations in International Arbitration
*Arnav Doshi Introduction The growing tendency of corruption employed as a ground for non-enforcement of arbitral awards has awoken...
535 views0 comments
Jun 24, 2022
Article V (1)(e), NYC: A Peculiar Phenomena of Awards being Enforced after being Set Aside-II
*Manan Shishodia This is the second part of the blog post dealing with the phenomena of awards being enforced after being set aside...
126 views0 comments
Jun 17, 2022
Article V (1)(e), NYC: A Peculiar Phenomena of Awards being Enforced after being Set Aside
*Manan Shishodia This is the first part of the blog post dealing with the phenomena of awards being enforced after being set aside. The...
434 views0 comments
bottom of page