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Article 300A - Applying Public Law in Litigation against Financial Regulators
Use of public law remedy provides appropriate approach for litigants when dealing with arbitrary action by financial regulators.
Rahul Pandey
Nov 30, 20246 min read
Revaluating the Process of Appointing Arbitrators through PSUs Panels
The approach of having a pre-selected roster of arbitrators fosters convenience and expediency. However, it raises significant concerns.
Pranav Vinayak Jain
Nov 17, 20247 min read
Arbitral Awards Passed Post the Mandated Deadlines Not Non-Est?
The author analyzes the SC judgment in Rohan Builders.
Ayush Mathur
Oct 26, 20246 min read
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.
Manav Pamnani, Shourya Sharma
Aug 25, 20248 min read
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.
Aditi Bhojnagarwala
Aug 4, 20246 min read
Empowering MSMEs: Unpacking The New IIAC Arbitration Regulations
The IIAC Regulations are surely a leap forward towards facilitating dispute resolution for MSMEs.
Shakti Soni
Aug 2, 20246 min read
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.
Prakhar Khandal, Jitesh Lakra
Jul 19, 20247 min read
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.
Sidhant Singh
Jun 24, 20248 min read
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.
Vrinda Gaur
Jun 15, 20246 min read
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.
Sidhant Singh
Jun 14, 20246 min read
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...
Akash Hogade, Simone Vaidya
May 31, 20245 min read
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.
Ria Bansal, Raaghavi Tandon
May 9, 20247 min read
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.
Intisar Aslam
Apr 11, 20246 min read
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.
Dhaval Bothra, Sonal Jain
Apr 5, 20246 min read
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.
Harsh Bansal
Mar 30, 20245 min read
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.
Aditya Singh
Mar 18, 20247 min read
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...
Harshal Chhabra, Shaswat Kashyap
Mar 2, 20246 min read
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.
Priyanka Desai
Feb 1, 20245 min read
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.
Tarasha Gupta
Jan 17, 20247 min read
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.
Riddhi Jhanwar, Rahul Jacob
Jan 14, 20246 min read
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.
Aamir Kapadia, Shivam Yadav
Jan 13, 20246 min read
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.
Samreedhi Gupta
Sep 30, 20235 min read
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.
Arya Tiwari, Trilok Choudhary
Sep 6, 20235 min read
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.
Divya Gupta
Aug 31, 20235 min read
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