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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
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.
Arun Raghuram Mahapatra
Aug 25, 20235 min read
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.
Drishti Rajain, Pallavi Mishra
Aug 24, 20237 min read
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.
Basil Gupta
Aug 11, 20237 min read
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.
Ghazal Bhootra
Aug 3, 20236 min read
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.
Archisman Chatterjee, Sanidhya Somvanshee
Jul 31, 20236 min read
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.
Anupam Verma
Jul 8, 20237 min read
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.
Lavanya Pathak, Pallavi Mishra
Jun 4, 20237 min read
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.
Aditya Singh
May 30, 20236 min read
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.
Siddhaant Verma
May 27, 20236 min read
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.
Ryan Joseph, Aswath Srinivasan
Feb 14, 20236 min read
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.
Aadya Narain
Feb 5, 20235 min read
Delhi High Court on Specific Performance of Determinable Contracts
The author examines the duality in perceiving determinability of contracts in India.
Sanya Goel
Nov 5, 20226 min read
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.
Deborshi Sarkar, Tarun Rajput
Sep 22, 20227 min read
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.
Payal Dubey, Shivansh Vishwakarma
Apr 19, 20229 min read
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.
Tanmay Gupta, Shobhit Shukla
Apr 16, 202210 min read
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