top of page
Joinder in Question: Is India Ready to Let Arbitral Tribunals Decide?
Clear legislative reform is essential to resolve the existing uncertainties around the power of arbitral tribunals to implead non-signatories.
Ira Tiwari, Vedant Bhardwaj Singh
Jul 66 min read
Â
Â
MSMED Act has an Overriding Effect Over Arbitration and Conciliation Act and Private Arbitration Clauses
Subsequent to the Mahakali judgment adopting a clear stance that the MSMED Act would override the provisions of A&C Act, the party autonomy in the arbitration agreements involving an MSME, has taken a backseat.
Praneeta Tiwari, Prithviraj Gadhvi
Jul 57 min read
Â
Â
Problems with Disortho: Flawed Seat-Designation and a Backward Move in LGAA Determination
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.Â
Suyash Pandey
Jul 17 min read
Â
Â
Judicial Arrogation of the Power to Modify Arbitral Awards: An Incorrect Way Forward
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.
Suyash Pandey
Jun 227 min read
Â
Â
From Scalpel to Sledgehammer: Gayatri Balasamy v. ISG Novasoft and the Perilous Expansion of Judicial Power in Indian Arbitration
Gayatri Balasamy seeks to avoid the blunt injustice of all-or-nothing review, but its doctrinal scaffolding is built on inference rather than enactment.
Kanaksha Kataria
Jun 86 min read
Â
Â
Supreme Court on Section 29A of Arbitration Act: Analyzing the Scope of Post Expiry Extensions of the Arbitrator’s Mandate
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.Â
Sara Dharwadkar
May 295 min read
Â
Â
The Uncertain Nature of Symmetrical Optional Arbitration Clauses in India
Navigating symmetrical arbitration clauses can be challenging, but the judgement in Tarun Dhameja is a positive development.
Ayushi Yelimineti
May 107 min read
Â
Â
Understanding Scott v. Avery Clause
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.
Anubhav Sinha
Apr 267 min read
Â
Â
Arbitrate Not Dictate: Decoding the Indian Supreme Court’s Decision in CORE II
This piece begins with an appraisal of the Supreme Court’s reasoning and then addresses the remaining concerns.
Gargi Sharma
Mar 196 min read
Â
Â
The Future of Assigned Arbitration Agreements: A Legal Dilemma
There is need for further clarification on the assignability of arbitration agreements.
Nutan Keswani
Jan 1, 20257 min read
Â
Â
Anti-Suit Injunctions in Foreign-Seated Arbitrations: Lessons from English Courts
We are yet to see a case where an Indian court grants an anti-suit injunction in support of a foreign-seated arbitration.
Kashish Jumani
Dec 1, 20246 min read
Â
Â
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
Â
Â
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
Â
Â
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
Â
Â
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
Â
Â
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
Â
Â
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
Â
Â
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
Â
Â
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
Â
Â
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
Â
Â
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
Â
Â
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
Â
Â
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
Â
Â
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
Â
Â
bottom of page