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Arbitration of MSME Disputes: Analyzing the Nexus Between the MSMED Act and the Arbitration Act

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 […]

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Arbitration

Appointment of AI Arbitrators under the Arbitration and Conciliation Act: A Legal Analysis

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 […]

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Arbitration

RECONCEPTUALIZING ETHICS IN INTERNATIONAL COMMERCIAL ARBITRATION: DENATIONALISING THE CODE OF CONDUCT

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 […]

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Arbitration

Scope of Section 11(6) for Appointment of Substitute Arbitrator: Difference of Opinion amongst Indian High Courts

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 […]

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Arbitration

Enforcement of Bilateral Investment Treaty Arbitral Awards in India: A Quandary

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 […]