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...
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...
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...
GIFT CITY IFSC - THE KEY TO UNLOCKING INDIA'S BRIMMING POTENTIAL AS A GLOBAL INVESTMENT AND ARBITRATION HUB The Indian Government's proactive and investor-friendly policy initiatives along with the...
DEMYSTIFYING SUSTAINABILITY LINKED LOANS SLLs are also referred to as ESG (environment social governance) linked loans and are based on the Sustainability Linked Loan Principles (SLLPs) which have...
SEAT AND THE LAW OF ARBITRATION The "seat approach" for determining the law of arbitration and the presumption of judicial consensus in its support has been challenged by the UK Supreme Court in its...
