In the second part of this series, the authors further build upon their argument that the ‘mandatory pre-litigation mediation’ clause in the new Mediation Bill, 2021 infringes upon voluntariness of parties to a permissible extent and offer reasons for the same.
In the first part of this series, the authors analyse the mandatory nature of mediation as postulated under Section 6 of the Mediation Bill, 2021. Attempts at mandating mediation have been vehemently opposed in the past to prevent depletion of the voluntariness of parties, considered the essence of mediation proceedings. The authors argue that the Mediation Bill, 2021, alters the voluntariness of the parties to mediation to a permissible extent for reasons explored in the article. Continue reading Mandatory Mediation: an Oxymoron? (Part 1)
In this post, the authors examine the validity of the unilateral appointment of presiding arbitrator by one party-appointed arbitrator through the prisms of party autonomy and equal treatment of parties. They further differentiate the appointment of the presiding arbitrator from that of the sole arbitrator and analyse whether the threshold of procedural equality between the parties is met. Continue reading Presiding Arbitrator’s Appointment by a Co-Arbitrator: Analysis of Confutable Validity
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
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
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
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
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
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
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
The RMLNLU Law Review Blog 