-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 Introduction The appointment of an arbitrator is a … More Unilateral Appointment of Arbitrator: Balancing the Principle of Mutuality and the Contra Proferentem Rule
It is with profound sorrow that we write about the demise of Prof. J. Martin Hunter and the void his absence has created in the legal fraternity. His name needs no introduction in the arbitration world, for he was a doyen of his field. An acclaimed arbitrator, academician and author, for most people his name … More Remembering Prof. J. Martin Hunter, the International Arbitration Stalwart
Kulsoom Farhat Khan and Vinisha Jain* Abstract International Commercial Arbitration (“ICA”) as the method of dispute resolution has become a conventional practice over the past few years and due to this growth, the idea of becoming the hub for ICA is garnering traction in developing countries. Bahamas has recently enacted its 2020 Bill that aims … More India as an International Commercial Arbitration Hub Vis-À-Vis Its Conflict of Laws System
Ashwin Sasikumar and Husain Attar * Introduction One of the main goals of International Commercial Arbitration is to provide a measure of certainty with respect to the resolution of international commercial disputes; in terms of the governing laws, procedures, and forum. Yet with arbitration becoming ubiquitous in international commercial practice, difficult legal questions increasingly arise … More Binding Non-Signatories to International Commercial Arbitration Agreements: An Arbitrator’s Dilemma
Aditi Richa Tiwary and Rahul Sharma* Abstract Blockchain technology can be readily observed to creep in the commercial transactions being carried out globally. However, owing to the excessive association of blockchain technology with virtual currency, the independent identity of blockchain technology is perceived in a rather restricted manner. The present work addresses all the misconceptions … More Employability of Blockchain Technology in International Commercial Arbitration
– Christina D’souza * Abstract “Owing to the upsetting caused by the coronavirus pandemic, the performance of contractual obligations of the parties is affected worldwide. In such a scenario, parties have relied hugely on the doctrine of force majeure and frustration of contract to obtain relief. The early dismissal procedure i.e. Rule 29 under the … More Critical analysis of Rule 29 of SIAC Arbitration Rules: Explaining manifestness
– 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
– Ramit Singh* ABSTRACT Article 18 of the UNCITRAL Model Law provides for procedural equality after the commencement of arbitration proceedings. This has been a literal view of Article 18 and has been used to validate asymmetrical arbitration clauses. This blog suggests a purposive interpretation of Article 18 so that the scope of equality can … More A Purposive Interpretation Of Article 18 of the UNCITRAL Model Law to Invalidate Asymmetrical Arbitration Clauses
Dear Readers, Greetings from CADR, RGNUL. We hope that you and your loved ones remain safe during these tumultuous times. It has been three months since the lockdown; we hope that you and your loved ones continue to remain well and safe. The May Issue of the CADR Newsletter is now out. We are happy to announce the … More May 2020 Issue of the Newsletter now out!
Dear Readers, Greetings from CADR, RGNUL. We hope that you and your loved ones remain safe during these tumultuous times. We are glad to announce the launch of the April 2020 issue of the CADR Newsletter. As the world continues to grapple with the COVID-19 pandemic, the ADRC community has put its best food forward. … More April 2020 issue of the Newsletter now out!