Consent Matters! Finding Consent in the Group of Companies Doctrine
The article examines the jurisprudence around group-of-companies doctrine and analyses its transplantation into India.
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Aadya Narain
- Feb 5
- 5 min
Obligatory or Optional? Pre-Institution Mediation in Commercial Courts Act
As per author, the emphasis of courts must be on creating systems that make mandatory fulfilment of Section 12A worthwhile for parties.
86
Sanya Goel
- Nov 5, 2022
- 6 min
Delhi High Court on Specific Performance of Determinable Contracts
The author examines the duality in perceiving determinability of contracts in India.
429
Deborshi Sarkar, Tarun Rajput
- Sep 22, 2022
- 7 min
Patil Automation v. Rakheja Engineers: An End to Pre-Institution Mediation Conundrum
The authors aim at analyzing some of the pertinent questions of law attached with mediation as a compulsory form of dispute resolution.
601
Payal Dubey, Shivansh Vishwakarma
- Apr 19, 2022
- 9 min
Examining Retrospectivity and Discretionary Relief of Specific Performance Post-2018 Amendment
Authors remark that the Specific Relief (Amendment) Act 2018 created issues in terms of its application due to ambiguous drafting.
831
Tanmay Gupta, Shobhit Shukla
- Apr 16, 2022
- 10 min
Traversing the Highs and Lows of Judicial Intervention in Arbitration
Authors appreciate the notable strides made by judiciary to achieve minimal interference in arbitration but also suggest improvements here.
307
Yasaschandra Devarakonda, Sushmit Mandal
- Mar 27, 2022
- 10 min
Insolvency Arbitration : Dawn of a New Era in India
Authors argue that insolvency arbitration will evolve into a niche of its own - reaping benefits that the arbitral system has to offer.
568
Rida Ameen
- Feb 19, 2022
- 6 min
Retrospective Application of the Arbitration and Conciliation (Amendment) Act 2015: A Step Back?
This article seeks to analyse the ambit of Section 26 and the implications of the judgment of Ellora Paper Mills in this regard.
791
Varun Kasthuri
- Jan 10, 2022
- 6 min
Reimagining the Contours of Judicial Interference under the Arbitration and Conciliation Act 1996
The author explains the decision in Arcelor Mittal and thereafter examines the impact that it has on emergency awards in India.
483
Abhijit Vadavalli, Tanmay Gupta
- Jun 22, 2021
- 5 min
PASL v. GE: A Win for Party Autonomy in India
The authors examine the judgment of the Supreme Court in PASL v. GE that pertained to selection of a foreign seat by Indian parties.
605
Soham Banerjee
- Jun 6, 2021
- 6 min
Shifting the Place of Arbitration: Supreme Court Reaffirms BGS and Upholds Party Autonomy
The author examines a recent ruling of the Supreme Court and highlights its re-affirmation to the principle of party autonomy.
476
Abhinav Hansaraman
- Apr 21, 2021
- 5 min
Are Intellectual Property Disputes Arbitrable in India?
The author examines the Indian jurisprudence on arbitrability of IP disputes.
1,699
Harsh Pati Tripathi, Uddeshya Singh
- Dec 26, 2020
- 6 min
The Arbitration and Conciliation (Amendment) Ordinance 2020: A Counterproductive Stratagem?
The authors analyse how the recent amendments to the arbitration law are counterintuitive to India’s evolution into an arbitration avenue.
459
Priya
- Nov 29, 2020
- 6 min
The Amazon-Future Group Dispute: Evaluating Alternative Resolution Approach
[Priya is a student at National Law University, Delhi.] The recent deal between Future Group and Reliance has been the centre of...
441
Abhinav Gupta
- Oct 24, 2020
- 6 min
Anti-Arbitration Injunction in India: Balasore Attempts to Settle the Debate
[Abhinav is a student at West Bengal National University of Juridical Sciences, Kolkata] A single-judge bench of Calcutta High Court on...
240
Shourya Bari, Anujay Shrivastava
- Oct 5, 2020
- 6 min
How Serious is Serious Enough? Understanding Arbitrability of Fraud in India
[Shourya is an Associate (Dispute Resolution) at SAMVAD Partners (New Delhi) and an Editor at IRCCL, while Anujay is a law graduate...
319
Himanshu Raghuvanshi, Umang Bhat Nair
- Aug 20, 2020
- 7 min
Applying Issue Estoppel in Enforcement Proceedings in India: Preventing a Second Bite at the Cherry
[Himanshu and Umang are students at NALSAR University of Law, Hyderabad.] Issue preclusion, also known as issue estoppel, precludes a...
790
Chitransh Vijayvergia
- Aug 15, 2020
- 6 min
Arbitrability of Tenancy Disputes in India: Current Position and Expectations from the Future
[Chitransh is a student at National University of Advanced Legal Studies, Kochi.] Arbitrability of any issue is concerned with the...
580
Anhad S. Miglani
- Jul 12, 2020
- 6 min
Supreme Court’s Ping Pong and the Need for a Conclusive Test to Determine the Arbitral Seat
[Anhad is a practising commercial lawyer based out of Chandigarh and Delhi, having graduated from National Law School of India...
63
Deeksha Sahni, Bodhisattwa Majumder
- Jun 28, 2020
- 6 min
NAFED v. Alimenta: Whether 'Fundamental Policy of India' Was Falsely Relied Upon for Setting
[Deeksha and Bodhisattwa are students at Maharashtra National Law University, Mumbai.] The Hon’ble Supreme Court of India has seemingly...
47
Pinak Parikh
- Jun 23, 2020
- 6 min
The Superon Case: Delhi HC Reopens the Debate on Section 13(1A) of the Commercial Courts Act
[Pinak Parikh is an Associate at Singhi & Co.] In D&H India Limited v. Superon Schweisstechnik India Limited (Superon), the commercial...
273
Himanshu Raghuvanshi, Umang Bhat Nair
- Jun 14, 2020
- 6 min
Quasi-Unilateral Appointment of Arbitrators: Where Did India Get it Wrong?
[Himanshu and Umang are students at NALSAR University of Law.] In November 2019, the Supreme Court of India (Supreme Court), in Perkins...
504
Shebani Bhargava, Jai Sanyal
- Jun 11, 2020
- 6 min
SEAMEC v. Oil India – Was The Award Really Perverse?
[Shebani and Jai are students at Maharashtra National Law University, Mumbai.] In its recent decision, the Supreme Court of India (SC)...
71
Shreya Sahoo, Ishani Jammula
- Jun 6, 2020
- 6 min
The NAFED Decision: Conundrum of Enforcing a Foreign Award
[Shreya and Ishani are students at National Law University, Odisha.] In a landmark judgement rendered by the apex court of India in the...
81
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