An Urgent call on 'Emergency Arbitration'
This article discusses the Indian scenario of Emergency arbitration in the light of recent ruling in Ashwini Minda case by Delhi High Court.
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- Aug 22, 2020
- 10 min
Appellate Arbitration Mechanism in India: An (Un)baked Reform
The author attempts to devise an appellate arbitration mechanism for India and other nascent nations who have recognised recently.
152 views
- Aug 21, 2020
- 8 min
Arbitration Laws in India (Part III - Position of Non-signatories to Arbitration Proceedings)
This section shall deal with the role of third parties as stood under the 1996 Act and the 2015 Amendment Act and its consequences.
371 views
- Aug 19, 2020
- 7 min
A Step Forward Towards Unilateral Appointment Of Arbitrators In India
The authors delve into the contentious issue of unilateral appointment of arbitrators.
350 views
- Aug 17, 2020
- 7 min
Arbitration Laws in India (Part II - The 2019 Amendment and Party Autonomy)
In this second piece of the Arbitration Laws Series, Hari Narayan analyses the 2019 Amendment and Party Autonomy in Arbitration.
89 views
- Aug 15, 2020
- 8 min
Arbitration Laws in India (Part I - The 2015 Amendment)
In this series of articles our advisor Hari Narayan provides a comprehensive legislative evolution of arbitration laws in India.
209 views
- Aug 10, 2020
- 7 min
Section 42A – A stumbling block for unprejudiced Arbitration in India
This article contends the the recently introduced S.42A of Arb. Act is restrictive in nature and defeats the purpose of it's enactment.
236 views
- Aug 9, 2020
- 8 min
Decoding arbitration for the moratorium season under IBC Ordinance, 2020
This article explicates plausible scenarios for arbitration to proceed under the CIRP suspension/moratorium effectuated under the recently.
197 views
- Jul 31, 2020
- 8 min
Concurrent Supervisory Jurisdiction; Is BGS another eclipse in the Indian Arbitration Jurisprudence?
The article argues that the SC has over-ruled the position of law laid down by BALCO concerning concurrent supervisory jurisdiction.
148 views
- Jul 29, 2020
- 8 min
Can the usage of guerrilla tactics be limited through emergency arbitration?
This article discusses the viability of introducing emergency arbitration in India as a measure to restrict the usage of guerilla tactics.
173 views
- Jul 25, 2020
- 7 min
Economic Duress as a Valid Claim for Appointing an Arbitrator ?
Case Comment - Oriental Insurance Co. Ltd. v. Dicitex Furnishing Ltd.
198 views
- Jul 23, 2020
- 8 min
Centrotrade Judgment: Establishing a Pro-Enforcement Regime in India
The post discusses the Centrotrade case as a step towards minimum Court interference in arbitral awards.
93 views
- Jul 22, 2020
- 7 min
Arbitrating IP Licensing Disputes in India and the Way Forward
This article discusses IP and SEP licensing agreements and arbitration as an effective mode to resolve disputes arising out of.
192 views
- Jul 19, 2020
- 6 min
Which direction is the Unruly Horse of ‘Public Policy’ headed in India?
This article sheds light on how conflict between NAFED and Vijay Karia shape the discourse surrounding Public Policy exception in India?
164 views
- Jul 15, 2020
- 7 min
Interpretation of Contract by an Arbitrator and Section 34: Two Sides of the Same Coin
This post analyses the arbitrator’s power to interpret the contract under Section 34 of Arbitration and Conciliation Act, 1996.
425 views
- Jul 14, 2020
- 8 min
Arbitrability of Tenancy Matters - Ironing Out the Wrinkles
This article argues in favour of the arbitrability of the tenancy and eviction disputes falling under the Transfer of Property Act, 1882 .
235 views
- Jul 14, 2020
- 7 min
Balancing Disclosure and Confidentiality Obligations in Third-Party Funding
This article traces the obligations of third-party funders in arbitration, with respect to disclosures and confidentiality.
587 views
- Jul 13, 2020
- 7 min
Exegesis on ‘Seat’, ‘Place’ and ‘Venue’ in an Arbitration Clause: Cutting the Gordian Knot?
The article discusses the lack of clarity in terms of seat, venue and place.
183 views
- Jul 12, 2020
- 7 min
The Baffle around Counter Claims in Arbitration: Limitation period on CounterClaims post-Ashok Kalra
This article sheds light on the situations when the limitation applies to a counter claim filed by the Respondent in an arbitration.
1,040 views
- Jul 11, 2020
- 5 min
“SEAMEC V Oil India: A case of excessive interference?”
This article analyses the scope for interfering with arbitral awards in context of SEAMEC v. Oil India.
194 views
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