The Draft Rules promise an efficient procedural framework, but they operate within the broader ecosystem of arbitration with several other considerations involved.

In this piece, the author argues that the decision of the SC in Disortho has two main problems. First, the court fails to appropriately decide the seat. Second, the law laid down by the SC is problematic due to its misconceived implementation of party intention and the principle of separability. 

While the power of modification may not necessarily be antagonizing to the Indian arbitration regime, the source of such power shall be through legislative means rather than judicial craftiness.

Gayatri Balasamy seeks to avoid the blunt injustice of all-or-nothing review, but its doctrinal scaffolding is built on inference rather than enactment.

The position of law in Electrosteel needs reconsideration, as argued in this post, to make the enforcement process quicker and more efficient, one which allows the award-creditor to enjoy the fruits of their labour.

Courts must look at granting post expiry extensions judiciously in exceptional cases and imposing relevant costs and conditions so as to provide an implicit direction and judicial nudge towards a more proactive approach of seeking extensions on a genuine need basis instead of paving the way for more dilatory tactics. 

Navigating symmetrical arbitration clauses can be challenging, but the judgement in Tarun Dhameja is a positive development.

To bolster the idea of reducing the intervention of courts in an arbitration proceeding, the principles of Scott v. Avery clause is one of the means.

This piece begins with an appraisal of the Supreme Court’s reasoning and then addresses the remaining concerns.

The author examines the ruling where the Supreme Court refused to condone the delay of the state party citing its callous attitude.

The article urges a larger bench of the Supreme Court to address the conflation of venue and seat in arbitration clauses.

The amendment bill is a noteworthy step toward institutionalizing emergency arbitration in India.

A mere private settlement cannot deprive the CCI from investigating concerns raised regarding the market structure at large.

There is need for further clarification on the assignability of arbitration agreements.

From a policy standpoint, India should consider adopting guidelines or legislative frameworks addressing the enforceability of AJCs.

We are yet to see a case where an Indian court grants an anti-suit injunction in support of a foreign-seated arbitration.

Use of public law remedy provides appropriate approach for litigants when dealing with arbitrary action by financial regulators.

The approach of having a pre-selected roster of arbitrators fosters convenience and expediency. However, it raises significant concerns.

The author analyzes the SC judgment in Rohan Builders.

The selective applicability of the provisions of Section 14 to only domestic-seated arbitrations results in several complexities.

Author proposes an amendment to Section 34, expanding the court’s power and permitting modification of awards.

The IIAC Regulations are surely a leap forward towards facilitating dispute resolution for MSMEs.

Arbitration can be initiated while dealing with shareholder disputes if it is found that the origin of the dispute lies in the agreement.

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.