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

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

Arbitrability of Tenancy Disputes: A Welcoming Remedy for the Wrongfully Evicted

-Aarushi Kapoor and Ssanjnna Gupta* The coronavirus pandemic has complicated the functioning of the world for the worse. It has abrasively taken a toll on the health industry of every country especially the developing ones like India. Apart from the healthcare, there are innumerable and unaccounted spheres hit by the nuances of this virus. With … More Arbitrability of Tenancy Disputes: A Welcoming Remedy for the Wrongfully Evicted

The Conflicting Stakes for Confidentiality in International Commercial Arbitration

– Pratyush Nigam and Aditya Kishore* INTRODUCTION Confidentiality remains an essential part of the arbitral process. However, at times it becomes essential to disclose such information in general public interest. The authors, in this article discuss the vital role played by national legislations, modal laws, and international treaties in International Commercial Arbitration (ICA) and their … More The Conflicting Stakes for Confidentiality in International Commercial Arbitration

Gammon India v. NHAI: The Delhi High Court Paves the Way to Curb Multiplicity of Arbitration Proceedings

– Kajal Singh and Nikunj Maheshwari* Abstract Arbitration practice in India has in recent times seen a paradigm shift to become at par with international practices. However, it still suffers from some major infirmities. One of such infirmity is the multiplicity of proceedings. This article attempts to highlight this issue and critically analyse Delhi High Court judgement … More Gammon India v. NHAI: The Delhi High Court Paves the Way to Curb Multiplicity of Arbitration Proceedings

Enka v. Chubb: The English Court of Appeal Provides Guidance on the Governing Law of the Arbitration Agreement

Aditi Mozika* The English Court of Appeal delivered its judgment in Enka Insaatve Sanayi S.A. v. OOO “Insurance Co Chubb” on 29th April, 2020. Through the judgment, it provided the much-needed clarification on law relating to anti-suit injunctions. The court also explained the test that should be applied to determine the law that would govern … More Enka v. Chubb: The English Court of Appeal Provides Guidance on the Governing Law of the Arbitration Agreement

Enforceability of Pre-arbitral Agreements to Negotiate

– Kabir Chaturvedi* Abstract An agreement to negotiate is one of the pre-conditions to arbitration included in Multi-Tier Dispute Resolution clauses. If a clause employs imperative diction, pre-conditions to arbitration are to be mandatorily fulfilled before commencement of arbitration. However, in cases of non-fulfillment of agreements to negotiate, courts do not bar commencement of arbitration, … More Enforceability of Pre-arbitral Agreements to Negotiate

Analysing India’s Deviation from Investor-State Dispute Settlement through the Lens of India-Brazil Bilateral Investment Treaty 2020

– Tushar Chitlangia and Vipasha Verma* Abstract India and Brazil ratified the India-Brazil Investment Treaty this year. With this began a new era of diplomacy in foreign investment. The systematic institution of investment arbitration has been evolving over the years and with it, the Investor-State Dispute Settlement (ISDS) mechanism has been the ideal model for … More Analysing India’s Deviation from Investor-State Dispute Settlement through the Lens of India-Brazil Bilateral Investment Treaty 2020

Resolving the Conflict between Lex Specialis and Lex Generalis in procedure for the Appointment of Arbitrators: the National Highways Authority of India v. Sayedabad Tea Company (2019)

– Shruti Mishra, Prakarsh* Abstract The authors have attempted to scrutinise the position of the Supreme Court on the ambiguity surrounding the procedure of the appointment of arbitrators, given under a specific legislation vis-a-vis the Arbitration & Conciliation Act, 1996. The authors have relied on the analysis of the landmark case in this regard – … More Resolving the Conflict between Lex Specialis and Lex Generalis in procedure for the Appointment of Arbitrators: the National Highways Authority of India v. Sayedabad Tea Company (2019)