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 […]
Category: Arbitration
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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