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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

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, […]