INTRODUCTION In India, if parties have chosen arbitration as a method of dispute resolution by way of an agreement, then in case of any dispute between them they have to resort only to arbitration and the courts do not interfere in the matter. But this is not true for either mediation or conciliation; there is … Continue reading Piyush Rewatkar on Enforceability of Mediation/Conciliation Clauses in India
In emergency arbitrations, instead of going to the domestic courts for instant relief, the parties appoint emergency arbitrators who grant enforceable interim awards before the constitution of the arbitral tribunal. The concept of emergency arbitration has developed over time with international institutions like the UNCITRAL[i], HKIAC,[ii] and SIAC[iii] recognizing it in their respective arbitration rules … Continue reading Chitransh Vijayvergia on Emergency Arbitration and Section 9 of the Arbitration & Conciliation Act: A Comment on Mr. Ashwani Minda & Anr. V. U-Shin Ltd. & Anr.
Introduction The Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act) was enacted with the object and purpose of facilitating the promotion and development, and enhancing the competitiveness of micro, small and medium enterprises. One of its most notable features is the provision for statutory arbitration for adjudication of disputes that come within its … Continue reading Smiti Verma on Ironing Out the Inconsistencies: MSME Act and Independent Arbitral Clauses
Artificial intelligence is a type of technology that allows machines and systems to learn from experience, adapt to new inputs and mimic human-like behaviour. Its use has been instrumental in bringing the process of dispute resolution to online platforms during the current pandemic where parties are practicing social distancing from various geographical locations. To take … Continue reading Astha Madan Grover on Artificial Intelligence and the future of Online Dispute Resolution in India: Will India be able to solve disputes online?
After the United States-Mexico-Canada Agreement (“USMCA”) entered into force on 1 July 2020 and terminated the North American Free Trade Agreement (“NAFTA”), the discussions on the scope of the proposed changes and the intricacies of the investment dispute settlement have taken pace. In this post, the author seeks to discuss one such change, i.e. position … Continue reading Chitransh Vijayvergia on Analysing the position of dual nationals from NAFTA to USMCA: Has USMCA restricted the scope of the effective nationality principle?
Enforcement of an order in civil contempt is for the benefit of one party against another, while object of criminal contempt is to uphold the majesty of law and the dignity of the court. S. 2(a) of The Contempt of Courts Act, 1971 says contempt of court means “civil contempt” as defined under S. 2(b) … Continue reading Chandni Dewani on Section 27(5) of Indian Arbitration Act – A Dark Horse?
The rise of the E-commerce sector in India can be largely attributed to the increasing popularity of online shopping through various platforms such as Amazon, Flipkart, and so forth. It’s growing popularity stems down to its convenience, speed and accessibility to a wide range of products at the click of a button. Seeing that companies … Continue reading Athul Aravind on Blockchain Arbitration: The Future?
We have launched our academic debate series today. The first debate is scheduled on 18 of this month. Following are the details - In our continued effort to bring you resources and guidance, CFLR would like to invite you to attend its one of a kind academic discussion series “Project Discourse”. The Project Discourse is … Continue reading Academic Debate Series by Commercial and Financial Law Review
of arbitration in India’ on 28th March 2018. He is a specialist in IT laws, domestic arbitrations and international commercial arbitrations. Mr. Karia is presently a Partner and heads the arbitration practice at Shardul Amarchand Mangaldas & Co., one of India’s most prestigious law firms. He is a member of Bar Council of Gujarat and … Continue reading Talk by Mr. Tejas Karia on Future of Arbitration Bar in India at Jindal Global Law School
The New Delhi International Arbitration Centre Bill, 2018 (the “NDIAC Bill”) was introduced in the Lok Sabha earlier this year. The object of the bill is to encourage the establishment of the New Delhi International Arbitration Centre (“NDIAC”) to allow for an autonomous and an independent institution that promotes a more efficient arbitration mechanism in India. Highlights of the NDIAC Bill The objective of establishing the NDIAC was to further … Continue reading Mira Mahadevan on Institutionalising Arbitration in India