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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
423
New Grounds, Old Problems: Challenging Arbitral Awards on the Ground of Nullity at the Stage of Execution
The position of law in Electrosteel needs reconsideration, as argued in this post, to make the enforcement process quicker and more efficient, one which allows the award-creditor to enjoy the fruits of their labour.
Abhinav Kumar
May 307 min read
246
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.
Sara Dharwadkar
May 295 min read
298
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
191
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
292
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
222
Enforcement of Foreign Seated Emergency Arbitral Award: The Oversight in the Proposed Section 9A
The amendment bill is a noteworthy step toward institutionalizing emergency arbitration in India.
Ayush Mathur
Jan 186 min read
425
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
370
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
254
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
425
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
675
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
429
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
3,525
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
341
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
645
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
628
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
443
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
355
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
784
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
387
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
516
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
428
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
670
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
126
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