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 […]
Category: Arbitration
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 […]
Harshal Sareen Introduction The issue of independence of party-appointed experts is at the forefront of debate and discussion amongst arbitration enthusiasts and policy drafters. The question of whether or not there is a need for independence in relation to a party-appointed expert is still unclear. However, the opinion seems to be divided regarding the requirement […]
By Ayush Mehta and Samkit Jain Section 29A of the Arbitration and Conciliation Act, 1996 [“the Act”] lays down a time limit under which a tribunal is to render its award. In this article, the authors aim to discuss the problems which were present in the 2015 amendment and how effectively the 2019 amendment rectifies […]
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