International Arbitration - No going back: stay green to be seen As vaccinations are rolled out, spring raises its welcome head and we all cautiously emerge from the lockdown, the risk is that we may...
Arbitration in Thailand Takes a Big Step Backwards - Foreign Representatives Subject to Harsh Criminal Penalties As the vast majority of disputes subject to arbitration in Thailand are governed by...
Validity of unstamped Arbitration Agreements The decision of the SC further fortifies the position that judicial intervention in arbitral matter, at least at the stage of reference, ought to be...
Vodafone and India's Offshore Indirect Transfer Tax the Saga Continues With tax policy certainty crucial for taxpayers (including foreign investors) to make rational economic choices in the most...
While the entire country is waiting for a separate standalone statutory legislation for Mediation in India, the step taken by the Ministry of Consumer Affairs is laudable...The Ministry of Consumer...
This ruling will not only give rise to parties challenging the jurisdiction in arbitration proceedings at the threshold in a stipulated timeframe but will also help restore the faith of the parties in...
Applicability of a ‘Loser Pays’ Principle to a Third-Party Funder? Striking balance between accountability and access to justice While allowing the appeal, the Division Bench laid the foundation...
INTERPRETATION OF ‘PRIMA FACIE’ CASE OF FRAUD AND CORRUPTION FOR AN UNCONDITIONAL STAY OF ARBITRAL AWARD UNDER SECTION 36(3) OF THE ARBITRATION AND CONCILIATION ACT, 1996 A finding of a prima facie...
DEVISING THE CONTOURS OF DUTY TO DISCLOSE CONFLICT OF INTEREST IN ARBITRATION The oft-repeated mantra of “when in doubt, disclose” may not always work out in practice and can be used by recalcitrant...
Arbitration Proceedings of Avatar vs. Avatar in The Metaverse! While the self-executing contracts are coded and automatically executed as soon as the predetermined conditions are met, the resolution...
HOW EXPENSIVE WILL BE YOUR ARBITRATION NOW? UNEARTHING THE 'COST' AND 'FEES' CONUNDRUM IN AN INDIAN-AD HOC ARBITRATION. The rationale behind vesting the arbitral tribunal with the power to determine...
Waiver Of The Right To Arbitrate A Dispute: United States Supreme Court Federal Arbitration Law does not require a showing of prejudice by an entity or person opposing referral of a matter to...
