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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
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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
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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
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The Unanswered Question of Oral Referencing of Arbitration Agreements: The Limit of Group of Companies Doctrine
The use of a purely managerial doctrine, primarily developed for corporate governance and trade purposes, on arbitration is problematic.
Harsh Bansal
Mar 30, 20245 min read
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A Letter to Legislators of the Incumbent Group Insolvency Regime: Defining Corporate Group and Lessons from Cox and Kings
[Yadu is a student at Symbiosis Law School, Pune.] Group insolvency is defined under Article 2(f) of the UNCITRAL Model Laws on...
Yadu Krishna
Feb 17, 20246 min read
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Public Policy Exception to Proposed Cross-Border Insolvency Law – Two Problems & Proposed Amendments
Author deals with 2 problematic aspects and proposes amendments to public policy exception contained in draft cross border insolvency law.
Dharmendra Chatur
Apr 7, 20224 min read
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