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Arbitration

Arbitrability of Insolvency Disputes: A Case Study of the Kotak Group vs Indus Biotech Case

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 […]

Categories
Arbitration

Independence of Party Appointed Expert: The Unsettled Law in International Arbitration

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 […]