Unravelling Section 12 A of the Commercial Courts Act, 2015

In this blogpost Purbasha Panda discusses the various changes that have been brought about by the amendment and addition of Section 12 A to the Commercial Courts Act of 2015 and analyses how the mandatory requirement of pre-institution mediation affects the parties involved and the need of confidentiality in mediation. Continue reading Unravelling Section 12 A of the Commercial Courts Act, 2015

Antrix: A Case of Misinterpretation

By: Rajvansh Singh INTRODUCTION  The seat of arbitration is ‘the centre of gravity of the arbitration’. The choice of the place or the seat of arbitration is one of the key issues in drafting an arbitration agreement. It not only influences the law which governs the arbitration but also has a bearing on the issue as to which court can exercise supervisory and supportive powers … Continue reading Antrix: A Case of Misinterpretation

Hyundai Engineering: Revival of the Conundrum Under Section 11 of the Arbitration Act

By: Rajvansh Singh  INTRODUCTION In United India Insurance v Hyundai Engineering (hereinafter ‘Hyundai Engineering’), the respondents had filed a petition under Section 11(4) and Section 11(6) of the Arbitration and Conciliation Act 1996 (hereinafter ‘the Act’) before the High Court of Madras. The appellant resisted the petition by claiming that the condition precedent to arbitration as mentioned in Clause 7 was not fulfilled. The clause … Continue reading Hyundai Engineering: Revival of the Conundrum Under Section 11 of the Arbitration Act

Challenges Posed By The Arbitration Council of India, as Envisaged by Arbitration and Conciliation (Amendment) Bill, 2018

By: Shreya Choudhary ARBITRATION AND CONCILIATION (AMENDMENT) BILL, 2018 The Arbitration and Conciliation (Amendment) Bill, 2018 (hereinafter ‘Bill’) seeks to establish Institutional Arbitration in India primarily by introducing Part IA along with other minor changes to the Arbitration and Conciliation Act, 1996. The need for Institutional Arbitration in India was recommended in a High-Level Committee Report (hereinafter ‘Report’) prepared under the chairmanship of former Supreme Court … Continue reading Challenges Posed By The Arbitration Council of India, as Envisaged by Arbitration and Conciliation (Amendment) Bill, 2018

Treaty Shopping: A Melee Between the Primary Players

By: Saurabh Tiwari INTRODUCTION Globally, the issue of tax, investment, and dispute resolution in investment law is one that witnesses constant scuffle between the prominent players namely: the state and the investors. Jurisdiction of an arbitral tribunal plays a vital role in disputes between investors and state. States prefer the dispute to be resolved in their national courts as per their national laws while investors … Continue reading Treaty Shopping: A Melee Between the Primary Players

Enforceability of International Arbitral Awards in Light of the New York Convention

By: Tarini D. Prabhu INTRODUCTION International arbitration is growing as a means of dispute resolution today. Arbitration is considered a more cost-effective, timely, and flexible means of resolving disputes, without having to resort to litigation and its accompanying inconveniences. Although there is an effort to shift away from litigation and the regular courts, arbitration cannot completely sever itself from the courts as it ultimately depends … Continue reading Enforceability of International Arbitral Awards in Light of the New York Convention

The inclusion of Award or its Non-Enforcement in the Definition of the Investment

By:  Yash Lahoty INTRODUCTION The investment in different states other than the state of establishment (Parent state) is governed by International Investment Agreements (IIAs) also known as Bilateral Investment Treaties (BITs) between the contracting state parties. International Commercial Disputes are now preferably settled through international Commercial Arbitration that is specifically provided in the investment treaty itself.[1] The treaty provides for all kinds of disputes possible … Continue reading The inclusion of Award or its Non-Enforcement in the Definition of the Investment

Third Party Funding: Wrecking Or Renovating The Landscape Of International Arbitration?

By: Soumya Jha INTRODUCTION Despite being one of the most popular dispute resolution mechanisms in today’s time, international arbitration continues to be an expensive process.[1] Even though, the arbitration fraternity is on a constant lookout for ways to reduce cost and time in arbitration proceedings,[2] these efforts to procedural reforms have their own limitations. This becomes impossible to ignore in mainly two situations: firstly, when … Continue reading Third Party Funding: Wrecking Or Renovating The Landscape Of International Arbitration?

International Arbitration: Arbitrability of Competition Law Issues

By: Prakhar Agarwal INTRODUCTION The analysis of the various facets of the dispute resolution systems suggests that there are various objectives of the parties in choosing a particular type of dispute resolution system. These objectives could be in nature involving time, expenditure, and the credibility of the decision given by the forum. To enable parties in achieving their objectives through their preferred method of dispute … Continue reading International Arbitration: Arbitrability of Competition Law Issues

Arbitrability of Competition Law Issues: An Indian Perspective

By: Neelam Meshram INTRODUCTION In the newfangled age of consistently increasing global trade and commercial disputes, one can see the steadily growing mechanism of arbitration as an alternative method of dispute resolution. Arbitration is a method whereby parties resolve their disputes using an arbitrator instead of national courts and more or less, people have found arbitration more approachable than courts due to many benefits like … Continue reading Arbitrability of Competition Law Issues: An Indian Perspective