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 […]
Category: Arbitration
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 […]
Archisman Chatterjee Introduction Difficulties faced by small-scale enterprises while carrying out their operations in a heavily competitive market prompted the Indian government to introduce the Micro Small Medium Enterprises Development Act, 2006 (‘MSME Act’). It was done with an aim to promote and facilitate their growth and consolidate the regulations they are subjected to. Section […]
Aryan Bhat and Adarsh Kumar Introduction The influence of technology on the legal system has been profound, both in terms of the opportunities and the challenges it presents. Developments such as cryptocurrency, blockchain, smart contracts, and Internet of Things(IoT), among others, have created new possibilities which have challenged the conventional distinction of science fiction and […]
Padmakshi Sharma Introduction In an increasingly globalised world, clashes between multifarious legal and ethical cultures are not uncommon, especially in the ever-expanding field of international arbitration. Today, the indisputably global nature of international arbitration has allowed an arbitration proceeding to be conducted in India, comprising an American counsel as a claimant, a French counsel as […]
Ramit Singh Introduction and Background The scheme of Section 11 of the Arbitration and Conciliation Act, 1996 (‘the Act’) gives primacy to the parties to appoint an arbitrator of their choice by mutually deciding upon a procedure to do so. If the parties fail to mutually agree on the appointment of arbitrator, the court under […]
Akash Gupta & Ashutosh Choudhary Introduction Investment Arbitration involves Bilateral Investment Treaties (‘BITs’), signed between two countries, where ‘investment protection’ is guaranteed with respect to investments of the investors in contracting states from other contracting states. In case of infringement of any of the standards of protection under the BIT, guaranteeing investment protection, the investors […]
Vishesh Jain & Dhruv Sirpurkar In June 2020, the Mumbai Bench of the National Company Law Tribunal (NCLT) pronounced its decision in the Kotak India Venture Fund vs Indus Biotech Pvt. Ltd. Case, dismissing the Section 7 IBC petition filed by Kotak. The court opined that the arbitration clause of the agreement was wide enough […]
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