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Arbitration Intellectual Property

Navigating Uncharted Territories: Arbitrability of IPR Disputes

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 […]

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Arbitration

Section 31(7) and the Arbitral Tribunal Award of Interest: Probing the Boundaries on Discretion vis-à-vis “Period”

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, […]

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Arbitration Uncategorized

Arbitrating Accountability: Addressing UN-Related Human Rights Violations through Arbitration

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 […]

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TeLawgram

TeLawgram’23 (16/09-05/10)

This issue of TeLawgram takes you through important Supreme Court and High Court decisions, technology laws, intellectual property laws, constitutional jurisprudence and international humanitarian laws. The readings will give you a wide range of content – from public international law to criminology and more! Happy Reading!

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Arbitration Comparative Laws

Enforcing a Foreign Award Annulled in the Court of Origin

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 […]