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.
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Archisman Chatterjee, Sanidhya Somvanshee
Jul 31, 20236 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.
2,889
Anupam Verma
Jul 8, 20237 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.
595
Lavanya Pathak, Pallavi Mishra
Jun 4, 20237 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.
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Aditya Singh
May 30, 20236 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.
569
Siddhaant Verma
May 27, 20236 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.
393
Ryan Joseph, Aswath Srinivasan
Feb 14, 20236 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.
509
Aadya Narain
Feb 5, 20235 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.
1,863
Sanya Goel
Nov 5, 20226 min
Delhi High Court on Specific Performance of Determinable Contracts
The author examines the duality in perceiving determinability of contracts in India.
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Deborshi Sarkar, Tarun Rajput
Sep 22, 20227 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.
2,184
Payal Dubey, Shivansh Vishwakarma
Apr 19, 20229 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.
1,581
Tanmay Gupta, Shobhit Shukla
Apr 16, 202210 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.
624
Yasaschandra Devarakonda, Sushmit Mandal
Mar 27, 202210 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.
1,333
Rida Ameen
Feb 19, 20226 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.
1,924
Varun Kasthuri
Jan 10, 20226 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.
560
Abhijit Vadavalli, Tanmay Gupta
Jun 22, 20215 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.
635
Soham Banerjee
Jun 6, 20216 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.
567
Abhinav Hansaraman
Apr 21, 20215 min
Are Intellectual Property Disputes Arbitrable in India?
The author examines the Indian jurisprudence on arbitrability of IP disputes.
1,871
Harsh Pati Tripathi, Uddeshya Singh
Dec 26, 20206 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.
495
Priya
Nov 29, 20206 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...
494
Abhinav Gupta
Oct 24, 20206 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...
296
Shourya Bari, Anujay Shrivastava
Oct 5, 20206 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...
422
Himanshu Raghuvanshi, Umang Bhat Nair
Aug 20, 20207 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...
1,867
Chitransh Vijayvergia
Aug 15, 20206 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...
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