PARTICIPATION OF AMICUS CURIAE IN INVESTMENT TREATY ARBITRATIONS

-Sakshi Garg* Honourable Mention, 1st RGNUL Arbitration Essay Writing Competition In the race of globalization and development, the world has changed its original ways of functioning. This impact can also be seen in the legal world where the disputes may no longer be resolved in courts. Alternate processes now exist which can resolve legal disputes … More PARTICIPATION OF AMICUS CURIAE IN INVESTMENT TREATY ARBITRATIONS

Unilateral Appointment of Arbitrator: Balancing the Principle of Mutuality and the Contra Proferentem Rule

-Intisar Aslam* Winner, 1st RGNUL Arbitration Essay Writing Competition “When I am representing a client in an arbitration, what I am really looking for in a party-nominated arbitrator is someone with the maximum predisposition towards my client, but with the minimum appearance of bias.” Prof. Martin Hunter[1] Introduction The appointment of an arbitrator is a … More Unilateral Appointment of Arbitrator: Balancing the Principle of Mutuality and the Contra Proferentem Rule

UNFURLING THE AMICI PARTICIPATIONS IN INVESTMENT ARBITRATION: AN ANTIDOTE NEEDED?

-Alay Raje and Samridhi Shrimali* Seconds Runners Up, 1st RGNUL Arbitration Essay Writing Competition Introduction: “A fool repays a salve by a stab, and a stab by a salve” The escalating concerns surrounding the participation of amicus curiae [“amicus”] in investment arbitrations can be truly sketched by the above quote, meaning that; only a fool … More UNFURLING THE AMICI PARTICIPATIONS IN INVESTMENT ARBITRATION: AN ANTIDOTE NEEDED?

INTERIM RELIEF IN INDIA: MAXIMISING LEGISLATIVE INTENT AND JUDICIAL WILL THROUGH EMERGENCY ARBITRATION

-Shubhankar Sharan and Sahsransh Pandey* INTRODUCTION The Arbitration & Conciliation Act of 1996 was brought to enable parties to settle their disputes speedily and cost-effectively, while not having to go through the rigours of Courts. However, there are certain situations, wherein a party seeks interim relief before the Courts with the motive of preserving the … More INTERIM RELIEF IN INDIA: MAXIMISING LEGISLATIVE INTENT AND JUDICIAL WILL THROUGH EMERGENCY ARBITRATION

THE INTERSECTION OF CISG AND ARBITRATION AGREEMENTS: A HOLISTIC UNDERSTANDING

-Vrinda Chaturvedi and Ashlesha Pandey* Honourable Mention, 1st RGNUL Arbitration Essay Writing Competition Introduction The current capital scenario is mediated via various routes across the globe, yet its fundamental essence rests in its contractual nature. The existence of contracts in buyer and seller agreements, especially, render a multi-dimensional view of the transaction. As much as … More THE INTERSECTION OF CISG AND ARBITRATION AGREEMENTS: A HOLISTIC UNDERSTANDING

AMICUS CURIAE AND TRANSPARENCY IN INTERNATIONAL INVESTMENT ARBITRATION

-Debleena Ray* Honourable Mention, 1st RGNUL Arbitration Essay Writing Competition INTRODUCTION – Over the years with the meteoric growth in international investment arbitration, there has also been a rise in tribunals becoming gradually acquiescent regarding the involvement of interested third parties as amici curiae who are “friends of the court.” Although commercial arbitration upholds the … More AMICUS CURIAE AND TRANSPARENCY IN INTERNATIONAL INVESTMENT ARBITRATION

THE PRESSING NEED FOR GENDER AND ETHNIC DIVERSITY IN INTERNATIONAL COMMERCIAL ARBITRATION

-Tharika Sai* Honourable Mention, 1st RGNUL Arbitration Essay Writing Competition INTRODUCTION In the last few decades, many factors such as expensive attorney fees, lengthy, time-consuming processes, and unpredictability have plagued the litigation field. This has caused an increased drift among stakeholders, including individuals and companies, to the area of arbitration which is less cumbersome and … More THE PRESSING NEED FOR GENDER AND ETHNIC DIVERSITY IN INTERNATIONAL COMMERCIAL ARBITRATION

SEAT VS EXCLUSIVE JURISDICTION CLAUSES: A TALE OF THREE CITIES

Meenal Garg and Shubham Sharma* Introduction Territorial jurisdiction in traditional courtroom litigation is governed by provisions of the Civil Procedure Code, 1908 (hereinafter, the “CPC”). Secs. 15-20 of the CPC provide for multiple situses for filing a dispute. This causes uncertainty as either party could file a suit in a jurisdiction that is most convenient … More SEAT VS EXCLUSIVE JURISDICTION CLAUSES: A TALE OF THREE CITIES

Retrospective Taxation Regime and India-UK BIT: A Glance through the Cairn Case

Gunjan Bahety and Tanmay Joshi* Introduction An investor Treaty is an agreement between two or more states to protect investments made by eligible investors. Through Bilateral Investment Treaties (BITs), governments guarantee to safeguard investors’ rights such as the right to be free from expropriation without just compensation, assurance that the government will abide by its … More Retrospective Taxation Regime and India-UK BIT: A Glance through the Cairn Case

Party Autonomy & Public Policy Vis-À-Vis Indian Parties Choosing a Foreign Seat of Arbitration

Mr. Tariq Khan and Nakashvir Singh Aulakh* Party autonomy is the single most important aspect of arbitration. It is the fact that the parties can choose the mode, medium, and governing law which makes arbitration the most preferred form of dispute resolution mechanism in recent years. The Supreme Court of India, time and again, has … More Party Autonomy & Public Policy Vis-À-Vis Indian Parties Choosing a Foreign Seat of Arbitration