Introduction India is considered to be a pro-arbitration centre by the world and is shaping its Arbitration and Conciliation Act, 1996 (“Act”) in order to become a hub for arbitration world-wide. There have been many improvements in the Act in order to achieve its goal but it is paradoxical that the horizon of disputes which … Continue reading Mayank Jain on The Arbitrability Conundrum : An Assessment of Non-Arbitrability Of Lease Disputes in India
The 1996 Arbitration and Conciliation Act is based on the UNCITRAL Model Law on International Commercial Arbitration, 1985 and the UNCITRAL Conciliation Rules, 1980. Though a marked improvement compared to its predecessor (1940), the legislation has witnessed several issues and challenges in its implementation. One of the main issues which arises relates to the appointment … Continue reading Advik Rijul Jha and Siddhant Khanna on Can a Party’s Employee be appointed as the Arbitrator?
Parties may choose the arbitral rules to be followed in arbitration after the dispute has arisen between them or the rules are specified in the arbitration clause of the contract that the parties have entered into previously. This article primarily deals with the situation where there is a conflict between the choice of arbitral institution … Continue reading Divyansh Saluja on Arbitral Rules v. Arbitral Institution: Party Autonomy or Conflict?
Technology based enterprises are becoming the leaders of the global market in its every aspect. No industry has experienced such an explosive growth as has been experienced by the industry of technology-based enterprises; especially in the context of globalisation of economy and the complementary expansion in international trade in recent years. The technology industry is … Continue reading Aryan Babele on A Step Ahead: Analysing Indian Arbitration Law in the Context of International Technology Disputes
The Supreme Court the previous month reiterated the well-established law that valid arbitration agreements do not bar the jurisdiction of National Consumer Disputes Redressal Commission (“NCDRC”) and other consumer forums. The Court made this observation while dismissing the review petition (dated 12th December, 2018) filed in the case Aftab Singh v. Emaar MGF Land Limited … Continue reading M. Koshy Mammen on An Arbitration Clause Will Not Oust Consumer Court Jurisdiction: Aftab Singh v. Emaar MGF Land Limited
In November 2012, Gary Born proposed the idea of a Bilateral Arbitration Treaty (BAT), in a speech aptly titled “BIT’s, BAT’s and Buts” . He suggested developing a system of international treaties whereby countries decide that a particular set of international disputes (such as commercial ones) arising between their respective nationals will be resolved via … Continue reading Avani Agarwal on Bilateral Arbitration Treaties: Are BATs Blind to Existing International Structures and Realities?
Introduction The Indian Arbitration and Conciliation Act, 1996 (‘the Act’) aimed at reducing judicial intervention in arbitral matters has been a subject matter of distinct interpretations and deliberations. The Act has also witnessed progressive evolution following the developments in international principles. Though the Act contemplates an approach to prevent judicial intervention in the arbitral process, … Continue reading Aditya Sethi on The Unresolved Conundrum of Section 11 of the Arbitration and Conciliation Act, 1996
Introduction Speedy and effective settlements of dispute are the two most important attributes for the smooth flow of trade. Unfortunately, the Indian Judiciary is infamous for speedy settlement of disputes. Recently, arbitration has emerged as an efficient alternative to the public justice delivery system. Pre-deposit clause implies that if a party to the agreement intends … Continue reading Rajvansh Singh on discussion of Supreme Court on the validity of “Pre-Deposit clause”
The issue of Arbitrability of consumer disputes has been debated since the genesis of the Consumer Protection Act, 1986. This debate becomes even more crucial when we see it in the backdrop of India representing itself as a “pro- arbitration” state. The recent case of Emmar MGF [i] has put an end to this debate as it … Continue reading Kartikey Singh on Arbitrability of Consumer Disputes in India
Introduction Indian judiciary has around 17000 professional and diligent judges however the system is under strain with almost more than 30 million cases in pendency leading to delays which are endemic and an unnecessary hurdle plaguing our system. On an average a commercial case in India takes around 5 to 15 years to reach its … Continue reading Vivasvan Prakash and Shrey Uttam on Role of National Courts in International Commercial Arbitration