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

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?

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

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

By: Meenal Garg INTRODUCTION Arbitration has extended its scope globally by including within its ambit, the resolution of those disputes that were traditionally incapable of being resolved by this alternative dispute resolution method. Despite this development, competition law is one of those domains of law where the applicability of international commercial arbitration is still considered as a grey area because of various issues like recognition, … Continue reading Deciding Arbitrability of Competition Law Disputes: Making a Case for Adoption of Liberal Standards by National Courts

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