Arbitration and Conciliation

Samreedhi Gupta

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.

Arya Tiwari, Trilok Choudhary

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.

Arun Raghuram Mahapatra

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.

Drishti Rajain, Pallavi Mishra

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.

Basil Gupta

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.

Archisman Chatterjee, Sanidhya Somvanshee

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.

Anupam Verma

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.

Lavanya Pathak, Pallavi Mishra

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.

Aditya Singh

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.