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.
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Arya Tiwari, Trilok Choudhary
- Sep 6
- 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.
200
Arun Raghuram Mahapatra
- Aug 25
- 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.
195
Drishti Rajain, Pallavi Mishra
- Aug 24
- 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.
130
Basil Gupta
- Aug 11
- 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.
418
Ghazal Bhootra
- Aug 3
- 6 min
Rights, Camera, Action: Role of Amicus Curiae in Representing Local Communities in ISDS Proceedings
The article examines whether amicus curiae are enough to protect human rights of local communities in investment arbitration.
81
Archisman Chatterjee, Sanidhya Somvanshee
- Jul 31
- 6 min
Requirement of Notice of Arbitration: Mere Technicality or Sine Qua Non?
Authors discuss the nature of the requirement of notice of arbitration as to whether serving it is compulsory or a mere technicality.
134
Anupam Verma
- Jul 8
- 7 min
Applications Challenging Arbitral Awards: The Issue of Non-Est Filing
The author remarks that in India, the average disposal time of Section 34 applications is alarmingly high and discusses possible solutions.
195
Lavanya Pathak, Pallavi Mishra
- Jun 4
- 7 min
Unconditional Stay: Legislative Caution Meets Judicial Redundancy
The Supreme Court must advance an interpretation of second proviso to Section 36(3) based on some guidelines and the scope of Section 34.
242
Aditya Singh
- May 30
- 6 min
M/s Oasis Projects v/s NHIDCL: Continuing the Pre-Arbitral Conundrum
Per the author, the Indian jurisprudence lacks a coherent test to determine whether a pre-arbitral clause is mandatory or directory.
326
Siddhaant Verma
- May 27
- 6 min
Arbitrating IPR Disputes: Rethinking In Rem v/s In Personam Dichotomy
Author argues that the in rem vs in personnam test is often futile for determining the arbitrability of IPR disputes.
92
Ryan Joseph, Aswath Srinivasan
- Feb 14
- 6 min
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.
371
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.
660
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.
1,309
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.
1,161
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.
1,168
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.
433
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.
875
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.
1,310
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.
526
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.
625
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.
497
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.
1,816
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.
478
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