By: Alefiyah M. Shipchandler INTRODUCTION International arbitrations are those which involve cross-border commercial disputes between private parties. More often than not, these disputes arise out of commercial disagreements and conflicts. However, the existence of a certain contest with reference to antitrust laws is not unheard of.  The common perception, however, is that antitrust laws raise an array of complex issues ill-suited for international arbitration. The … Continue reading Arbitrability of Competition Law Issues

By: Arushi Sharma INTRODUCTION Section 48 of the Arbitration and Conciliation Act, 1996 lays down conditions for enforcement of foreign arbitral awards. The same is largely based or codified from the Article V (2) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The grounds of the award being in consonance with the notions of public policy is mentioned under … Continue reading Enforceability of Foreign Arbitral Awards: Interpreting Public Policy and Recent Judicial Trends in Context of FEMA Violations

By: Zeeshan Ahmed INTRODUCTION Feasibility is always seen as an important aspect of Modern Judiciary. With a motto of “making convenient” for the public, judiciary always changes or moulds the law in every possible way. The high number of pending cases has over-burdened the judiciary. The only choice that the judiciary is left with is to open the Alternate Dispute Resolution Centres (e.g. National Green … Continue reading Sanitizing Arbitral Awards – Transparency v. Confidentiality

By: Abhishrut Singh INTRODUCTION In this globalised era where every company or MNC is competing to be on the forefront, disputes in their business are unavoidable. With the increase in such cross-border disputes, all eyes are on international arbitration and its future, as parties are opting for arbitration due to its neutrality, confidentiality, and party autonomy. Earlier, international arbitration was primarily rooted in European and … Continue reading International Arbitration: Shift Towards East