The Rise Of Emergency Arbitration In Life Sciences Disputes Emergency arbitration provides an option for parties that do not want to approach national courts for interim or conservatory relief during...
The Challenge In The Enforcement Of Foreign Awards In Terms Of Public Policy The decision of the Supreme Court in Renusagar Power Co Ltd v General Electric Co, which is considered to be the first...
Recent Developments Shaping Dispute Resolution in India: A Legal Landscape Analysis Beyond dispute resolution, the Indian legal landscape is marked by the facilitation of e-filing and online...
Enforceability Of Arbitration Agreements Arising Out Of Unstamped Or Insufficiently Stamped Contracts (The judicial journey and issues that must be addressed by the seven Judge Bench) In relation to...
Grant of Interim Reliefs against Third Parties: Are Arbitral Tribunals Fully Equipped? In certain cases, a non-signatory may have to be impleaded for certain interim reliefs against it; there may...
Ethical Duties of Party-Appointed Expert(s) in arbitral proceedings The UNCITRAL Model Law on International Commercial Arbitration imposes ethical duties on arbitrators, most notably the...
Circumstances Falling Under Schedule V: Automatic Disqualification of an Arbitrator? Schedule V and VII of the Arbitration and Conciliation Act, 1996 (“the Act”) provides a list of circumstances,...
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...
An Arbitration Clause in an Unstamped or Insufficiently Stamped Agreement: The Supreme Court Decides INTRODUCTION A five-judge bench of the Supreme Court of India (the “Supreme Court”) has held in...
Paving The Way Towards Strengthening International Arbitration in India International arbitration has played a pivotal role in resolving complicated disputes that may arise in cross-border...
