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 […]
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