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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
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.
Yasaschandra Devarakonda, Sushmit Mandal
Mar 27, 202210 min read
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.
Rida Ameen
Feb 19, 20226 min read
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.
Varun Kasthuri
Jan 10, 20226 min read
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.
Abhijit Vadavalli, Tanmay Gupta
Jun 22, 20215 min read
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.
Soham Banerjee
Jun 6, 20216 min read
Are Intellectual Property Disputes Arbitrable in India?
The author examines the Indian jurisprudence on arbitrability of IP disputes.
Abhinav Hansaraman
Apr 21, 20215 min read
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.
Harsh Pati Tripathi, Uddeshya Singh
Dec 26, 20206 min read
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...
Priya
Nov 29, 20206 min read
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...
Abhinav Gupta
Oct 24, 20206 min read
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...
Shourya Bari, Anujay Shrivastava
Oct 5, 20206 min read
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...
Himanshu Raghuvanshi, Umang Bhat Nair
Aug 20, 20207 min read
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...
Chitransh Vijayvergia
Aug 15, 20206 min read
Supreme Court’s Ping Pong and the Need for a Conclusive Test to Determine the Arbitral Seat
[Anhad is a practising commercial lawyer based out of Chandigarh and Delhi, having graduated from National Law School of India...
Anhad S. Miglani
Jul 12, 20206 min read
NAFED v. Alimenta: Whether 'Fundamental Policy of India' Was Falsely Relied Upon for Setting
[Deeksha and Bodhisattwa are students at Maharashtra National Law University, Mumbai.] The Hon’ble Supreme Court of India has seemingly...
Deeksha Sahni, Bodhisattwa Majumder
Jun 28, 20206 min read
The Superon Case: Delhi HC Reopens the Debate on Section 13(1A) of the Commercial Courts Act
[Pinak Parikh is an Associate at Singhi & Co.] In D&H India Limited v. Superon Schweisstechnik India Limited (Superon), the commercial...
Pinak Parikh
Jun 23, 20206 min read
Quasi-Unilateral Appointment of Arbitrators: Where Did India Get it Wrong?
[Himanshu and Umang are students at NALSAR University of Law.] In November 2019, the Supreme Court of India (Supreme Court), in Perkins...
Himanshu Raghuvanshi, Umang Bhat Nair
Jun 14, 20206 min read
SEAMEC v. Oil India – Was The Award Really Perverse?
[Shebani and Jai are students at Maharashtra National Law University, Mumbai.] In its recent decision, the Supreme Court of India (SC)...
Shebani Bhargava, Jai Sanyal
Jun 11, 20206 min read
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