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...

Nitesh Ranjan[1] & Aman Upadhyay[2] ESG stands for Environmental Social Governance. In this globalized world industrial sector is...

Shaswat Kashyap & Snigdha Dash[1] The noteworthy decision by a three-judge bench of the Supreme Court in N.N. Global 2021, diverted from...

Dhanya Jha[1] 1. Introduction The ordeal of the judiciary while adjudicating proceedings under Section 11 of the Arbitration and...

Kushagra Tolambia[1] A court may issue an Anti-Arbitration Injunction ("AAI") to prevent parties or an arbitral panel from initiating or...