Ojas Sharma I. Introduction Delhi International Arbitration Centre (DIAC) has been an outcome of extensive experience within the Indian legal fraternity owing to the constant demand of an Indianized system pertaining to arbitration through Law Commission’s 246th Report. While the project seems ambitious and promising, the system is still at a very nascent stage compared […]
Category: Arbitration
Aryan JHA KEYWORDS: Arbitration, SARFAESI Act, Inter Creditor Disputes Excerpt The arbitrability of disputes arising between financial institutions has been a contested issue under Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002. This article aims at analysing the recent judgement by the apex court in the case of Bank of […]
Gurkaranbir Singh The Supreme Court in Gayatri Balasamy v. ISG Novasoft Technologies Ltd., (“Gayatri Balasamy Judgment”) has now clarified the scope of judicial intervention in respect of modification of arbitral awards. The Court held that a court is empowered not only to set aside an arbitral award but also to modify or vary an arbitral […]
Abeer Sharma & Vishwas Kumar Tripathi Introduction International Arbitration (IA), which has experienced recent growth, can be described as a form of arbitration where parties opt for private international arbitrators instead of national courts. The IA is generally governed by individual state arbitral laws and global frameworks such as the UNCITRAL Model Law, and the […]
Ahan Gadkari Introduction Article 10 of the 2021 International Chamber of Commerce (“ICC”) Rules grants the ICC Court the discretionary power to consolidate two or more arbitrations. This creates a compelling dilemma: when parties deliberately select the ICC Rules within their arbitration agreement and further stipulate a clause that empowers the arbitration tribunal to consolidate […]
Harshita Sharma and Tanisha Taneja Introduction The 21st century world can undoubtedly be categorised as a borderless economy. With the advent of liberalisation and globalisation, there is an unrestricted flow of capital in and out of the economy. In this dynamic landscape of international investment, it is readily perceived that disputes are bound to arise […]
Ishita Warghat Introduction In recent years, the intersection between Intellectual Property Rights (‘IPR’) and Arbitration has emerged as a significant legal terrain, raising complex questions about the arbitrability of IPR disputes. India, with its robust legal system, stands at the forefront of this evolving landscape. Section 34 of the Arbitration and Conciliation Act, 1996 talks […]
Madhumitha L. I. Introduction Section 31(7) of the Arbitration and Conciliation Act, 1996 (‘1996 Act’) enunciates the Indian position on the award of interest in arbitrations. The Arbitration Act, 1940 (‘1940 Act’) was silent on the jurisdiction of the Arbitral Tribunal in awarding pre-reference and pendente lite interest as well as the restrictions, if any, […]
Siddhant Shinde The United Nations (UN) was established in 1945 in response to the Second World War with the objective of ‘prevention and removal of threats to peace’ and to ‘maintain international security’, by preventing war, protecting human rights and facilitating international cooperation. The 21st Century saw a broadening of the definition of ‘threats to […]
Ahan Gadkari “The idea that the New York Convention would place the seat of the arbitration at the top of a jurisdictional hierarchy for enforcement purposes is counter to its fundamental objectives.“ – Emmanuel Gaillard I. Introduction Article V (1) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“NYC“) is a provision […]
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