Navigating Section 14: Applicability to Foreign-Seated Arbitrations
The selective applicability of the provisions of Section 14 to only domestic-seated arbitrations results in several complexities.
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Aditi Bhojnagarwala
- Aug 4
- 6 min
The Lack of Court’s Power to Modify an Arbitral Award: Rationale, Implications, and Solutions
Author proposes an amendment to Section 34, expanding the court’s power and permitting modification of awards.
148
Shakti Soni
- Aug 2
- 6 min
Empowering MSMEs: Unpacking The New IIAC Arbitration Regulations
The IIAC Regulations are surely a leap forward towards facilitating dispute resolution for MSMEs.
120
Prakhar Khandal, Jitesh Lakra
- Jul 19
- 7 min
Arbitrability of Shareholder Disputes in India: Addressing "Dressed-Up" Corporate Oppression Claims
Arbitration can be initiated while dealing with shareholder disputes if it is found that the origin of the dispute lies in the agreement.
316
Sidhant Singh
- Jun 24
- 8 min
Modifying Arbitral Awards: A Dilemma under Sections 34 and 37 of the Arbitration Act
It remains to be seen whether the court will use its curative power to alter the arbitral award within its power to set it aside under S 34.
905
Vrinda Gaur
- Jun 15
- 6 min
Navigating Relief under Section 9(ii)(b) of the Arbitration and Conciliation Act 1996: A Shift in Modus Operandi
A recent judicial trend has considered financial soundness as an inconsequential element for disposing of Section 9(ii)(b) applications.
209
Sidhant Singh
- Jun 14
- 6 min
Resolving Stamp Duty Dilemma: Section 9 Applications in Indian Arbitration Law
This article delves into the legal landscape on Section 9 applications and stamp duty requirements for arbitration agreements in India.
315
Akash Hogade, Simone Vaidya
- May 31
- 5 min
Efficiency v/s Expediency- Procedural Implications of the SIAC’s Streamlined Arbitration
[Akash and Simone are students at Maharashtra National Law University, Mumbai.] Arbitration as a form of dispute resolution is in itself...
364
Ria Bansal, Raaghavi Tandon
- May 9
- 7 min
Arbitration’s David and Goliath: The Harmful Side of Pre-Deposit Clauses in Arbitration Agreements
It is crucial to view pre-arbitral deposits as discretionary to ensure that each party has equal access to arbitration.
428
Intisar Aslam
- Apr 11
- 6 min
India-EU BIT: Can the Dispute Resolution Clause Spark ISDS Reforms Globally?
The Indian stance on inclusion of ELR and Model BIT fails to consider any urgent relief that may be required by small investors.
129
Dhaval Bothra, Sonal Jain
- Apr 5
- 6 min
Beyond the Invisible Handshake: A Global Look at the Scope of the “Group of Companies” Doctrine
To ensure the fair and just application of the GoC doctrine, clear guidance is required.
174
Harsh Bansal
- Mar 30
- 5 min
The Unanswered Question of Oral Referencing of Arbitration Agreements: The Limit of Group of Companies Doctrine
The use of a purely managerial doctrine, primarily developed for corporate governance and trade purposes, on arbitration is problematic.
135
Aditya Singh
- Mar 18
- 7 min
Group of Companies Doctrine: Evasive Piercing and a Conglomerate's Lament
This article intends to analyze how the reasoning that the doctrine operates independent of corporate law is at best evasive.
289
Harshal Chhabra, Shaswat Kashyap
- Mar 2
- 6 min
Beyond NN Global: The Supreme Court Revisits “Unstamped Arbitration Agreements”
[Harshal and Shaswat are students at Gujarat National Law University.] The recent judgement passed by the Hon’ble Supreme Court of India...
172
Priyanka Desai
- Feb 1
- 5 min
Strengthening Institutional Arbitration for Domestic and International Commercial Disputes in India
The need to recognize and strengthen institutional arbitration in India is now stronger than ever.
515
Tarasha Gupta
- Jan 17
- 7 min
Analysing Lombardi Engineering: Article 14 and Invalidating Pre-Conditions to Arbitration
Lombardi posed a situation that would have allowed the doctrine of unconscionability to be strengthened in contract and arbitration law.
557
Riddhi Jhanwar, Rahul Jacob
- Jan 14
- 6 min
Stamping is a Barrier, Why?
By harmoniously constructing relevant legislations, a court under a Section 11 will not dwell on the stamping of an agreement.
354
Aamir Kapadia, Shivam Yadav
- Jan 13
- 6 min
The Group of Companies Doctrine: Has The Dust Settled?
The status of the 'group of companies' doctrine in Indian arbitral jurisprudence has been finally settled by the Supreme Court.
457
Samreedhi Gupta
- Sep 30, 2023
- 5 min
Regulating Third-Party Funding: A Welcome Decision by Delhi High Court
The Delhi High Court’s stance on third-party funding is a welcome decision in light of India’s pro-arbitration policy.
387
Arya Tiwari, Trilok Choudhary
- Sep 6, 2023
- 5 min
Arbitration in India: Why Some Cases Linger for Years Before Resolution?
To improve the enforcement of arbitration awards, one step is to establish more benches for time-bound disposal of execution petitions.
507
Divya Gupta
- Aug 31, 2023
- 5 min
Unstamped Arbitration Agreement: Incapable of Being Acted Upon?
SC has held that an agreement containing an arbitration clause is unenforceable in law if it is not stamped or is insufficiently stamped.
110
Arun Raghuram Mahapatra
- Aug 25, 2023
- 5 min
Section 36 of Stamp Act: A Defense Against NN Global or a Fruitless Argument?
If an improper construction of Section 36 of Stamp Act is allowed, it would defeat the original purpose of safeguarding state revenue.
571
Drishti Rajain, Pallavi Mishra
- Aug 24, 2023
- 7 min
Clarity or Perplexity: Undetermined Questions in NN Global II
It may be prudent for the SC to issue clarifications with respect to the various matters in question which remain unanswered in NN Global.
253
Basil Gupta
- Aug 11, 2023
- 7 min
The Stamp Duty Conundrum: Unstamped Arbitration Agreements Examined in NN Global
The author analyses NN Global by comparing it to the pre-conditions of this judgment and its impact on the arbitration mechanism in India.
877
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