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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
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
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
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
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
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