Categories
Constitutional Law

Citizenship Rights and the ‘CAA’ Controversy: A Jurisprudential Analysis

Rhea L Vinay Introduction ‘Citizenship,’ in India, has been awarded through Part II of the Indian Constitution and the Citizenship Act of 1955. While not ingrained as fundamental right under Part III of the Constitution, it has been recognized as a legal right/ claim conferred upon individuals that are deemed citizens of the country. It […]

Categories
ADR Insolvency

Mediation in Insolvency Resolution: A Boon or Bane?

Sanya Khera Introduction Countries across the globe seek to establish a secure judicial system that can serve impartial and just decisions amidst times of crises amongst individuals. Not just insolvency, but the judicial system that caters to it has evolved over time to efficaciously resolve disputes by adopting modern approaches. The establishment of quasi-judicial forums […]

Categories
Arbitration

Beyond Borders- Enforcing ADR First as a Catalyst for Global Investment Harmony

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 […]

Categories
Criminal

Antil’s Category A: Automatic Gateway or Consideration of Merits?

Rahul Ranjan A 2022 judgment, Deepak Sethi v. State of Uttarakhand (‘Sethi’), seems to have gone unnoticed by many observers, but potentially opens up questions about the guidelines given in the case of Satender Antil v. Central Bureau of Investigation (‘Antil’) for Category A offences. The Sethi judgment of the Uttarakhand High Court categorically observed […]

Categories
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, […]

Categories
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 […]