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

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

Mediate, don’t litigate? Analyzing the effectiveness of mediation in the farm laws dispute

Isha Sheth* Abstract Since the introduction of the ‘Farm Laws’ in September 2020, thousands of farmers have been protesting, mainly in the northern part of the country. The Government and the protesting farmers had failed to reach a consensus during the negotiations and hence the Supreme Court appointed a Committee in January 2021 to hear … More Mediate, don’t litigate? Analyzing the effectiveness of mediation in the farm laws dispute

Binding Non-Signatories to International Commercial Arbitration Agreements: An Arbitrator’s Dilemma

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

A CASE FOR ARBITRABILITY OF DEBT RECOVERY DISPUTES

Saikishan B Rathore* Owing to the unprecedented effect of the global pandemic, debt recovery has proven to be a herculean task. The interests of both the parties are at stake in this process. By delaying repayment of loans, the interests of lenders as well as the collection agencies which solely depend on the lenders for … More A CASE FOR ARBITRABILITY OF DEBT RECOVERY DISPUTES

Can Indian Parties Arbitrate on a Foreign Seat?

Arjun Chakladar and Aman Kumar Yadav* Excerpt The Gujarat High Court ruling in the present case, has been hailed as a “pro-arbitration ruling”, by allowing two domestic entities the right to choose a foreign seat of arbitration. Whether or not, two Indian Parties can choose to arbitrate on a foreign seat has been a vexed … More Can Indian Parties Arbitrate on a Foreign Seat?

The Limitation for Enforcement of Foreign Awards Conundrum – Analysis of Vedanta Judgement

Charvi Krishna* Introduction The Indian Judiciary has always been in a dilemma on the issue of deciding a limitation period for enforcing a foreign arbitral award in India. Various high courts have given varying judgements, which has only furthered the problem of enforcement. The Arbitration and Conciliation Act, 1996 (Hereinafter, ‘Arbitration Act’) is silent on … More The Limitation for Enforcement of Foreign Awards Conundrum – Analysis of Vedanta Judgement

Guest Post: ONGC Petro Additions v. Fernas Construction: Infusing Clarity on the Retrospective Resurrection of the Amended Section 29A or complicating it even more?

Tushar Behl & Ankit Singh* As discussed on the blog previously, the inclusion of Section 26 by way of amendments to the Indian Arbitration and Conciliation Act (“Act”), in the year 2015 cleared the air concerning the debate of retrospectivity by providing, that the amendment would not apply to arbitration proceedings commenced before 23 October … More Guest Post: ONGC Petro Additions v. Fernas Construction: Infusing Clarity on the Retrospective Resurrection of the Amended Section 29A or complicating it even more?

Arbitrability of Fraud Under the Indian Regime: A New Turn

Payal Chandra and Rhythm Buaria* ARBITRABILITY OF FRAUD PRE-AVITEL AND DECCAN PAPER JUDGMENTS It does not need saying that the Arbitration and Conciliation Act, 1996 does not exclude any category of disputes for being non-arbitrable. Judicial pronouncements have however carved out certain exceptions on the grounds that certain categories of disputes are in the public … More Arbitrability of Fraud Under the Indian Regime: A New Turn

CADR Panel Discussion on the Enforcement of Singapore Convention

Dear Readers, 12 September 2020 is upon us and the dispute resolution community looks earnestly to the enforcement of the Singapore Convention. We are excited to present a panel discussion on The Interface Between Arbitration and Mediation vis-à-vis the Singapore Convention. Join us on 12 September 2020 at the following time – 6:30 PM IST … More CADR Panel Discussion on the Enforcement of Singapore Convention