It's a Bird? It's a Plane? It's the State! Weighing Cairn’s claims against Air India
Shantanu Singh [i] In mid-May, news broke out that UK’s Cairn Energy had filed a declaratory suit in a US District Court against Air...
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Jun 18, 20217 min read
Cairn Energy v. UOI: Yet another infamous ISDS for India?
Ajay Lulla [i] Introduction Not long after India was criticized for its conduct in the Vodafone case, it has yet again been adjudged to...
321 views
Apr 19, 20216 min read
The Intention - Kompetenz-Kompetenz Nexus in Arbitration: (In)novating the Obsolete
The authors discuss a recent Supreme Court decision, Sanjiv Prakash v. Seema Kukreja.
562 views
Apr 7, 20217 min read
Advocate-less Representation in Indian Arbitration
Aachman Shekhar [i] Party autonomy is the cornerstone of arbitration since it allows parties to select and tailor the procedure according...
955 views
Mar 12, 20217 min read
Swimming in troubled Waters: The Derivation of Arbitrator’s bias through Social Media
The authors the Sun Yang judgment as an important precedent by easing the “duty of curiosity” and bringing arbitrators social media activity
445 views
Jan 28, 20216 min read
Vidya Drolia v. Durga Trading: Arbitrability of Landlord-Tenant disputes at Reference Stage
Samyak Jain and Reha Mohan[i] On 14th December 2020, a three-judge bench of the Supreme Court of India, in the case of Vidya Drolia v....
935 views
Jan 27, 20216 min read
Applicability of the ‘Fruits of the Poisonous Tree’ Doctrine under the Arbitration and Conciliation
Pushkar Deo[i] The Doctrine of Fruits of the Poisonous Tree (‘the doctrine’) deals with the question of admissibility of illegally...
1,187 views
Jan 18, 20218 min read
Arbitration Ordinance 2020: Setting the Clock Back on India’s Progress?
This article proposes to dissect the changes brought by this ordinance in Section 36, the implication of such changes.
159 views
Jan 14, 20215 min read
Post Group of Companies Doctrine: Is There Equality in Seeking Interim Reliefs?
This article examines arbitration proceedings "post" the application of the group of companies doctrine.
249 views
Jan 6, 202110 min read
To Disclose or Not to Disclose? The English Supreme Court on Arbitrator Bias (Halliburton v. Chubb)
This Article aims at undertaking an analysis of the English law on arbitrator’s duty of disclosure, with reference to Halliburton v. Chubb.
223 views
Dec 30, 20209 min read
Doctrine of severability in arbitration: A brief review of Indian law and a proposed exception
Atharv Gupta[i] Introduction When one thinks about the doctrine of severability in arbitration and its application by different courts in...
1,570 views
Dec 28, 20208 min read
Indian parties permitted to choose foreign seat for arbitration: An anomalous decision?
Abhinav Gupta[i] Associate Editor , Arbitration Corporate Law Review A single-judge bench of the Gujarat High Court on November 3, 2020,...
198 views
Dec 4, 20206 min read
Party Appointment of Arbitrators: A Recipe for Cronyism and Corruption?
Eoin Moynihan, (Managing Associate, Global Legal Solutions) takes a brief look at the practice of parties appointing their own.
217 views
Nov 18, 202010 min read
Conflict of Laws Aspects of Maritime Disputes and Maritime Arbitration
Philip Teoh[1] (Reproduced from Semaphore September 2020 with the kind permission of Maritime Law Association of Australia and New...
253 views
Nov 16, 20206 min read
Vodafone v. India: Time to wave the White Flag (?)
The author(s) present an insight into the arbitral award recently won by Vodafone against India.
336 views
Nov 10, 20207 min read
Enforcing Foreign Emergency Orders: Plugging the lacunae in the Indian Arbitration law
This article gives a general understanding, of the need and purpose of Emergency Arbitration, keeping the legal ambiguities in context.
230 views
Nov 7, 20206 min read
Time to give up on mandatory arbitration in employment disputes?
This article highlights the challenges of using mandatory arbitration clauses for resolving employment disputes in the US.
259 views
Nov 6, 20207 min read
Ambiguity in the position of arbitrability of fraud post-Avitel: When will it settle?
Through the article, the authors explain the position of arbitrability of fraud in India and tracing back how it came to be so.
317 views
Oct 20, 20206 min read
Foreign Award and Application of the Indian Limitation Act: - SC ends the Confounding Saga
The author(s) presents a case comment on the Supreme Court's Decision in Government of India v. Vedanta Limited and others.
287 views
Oct 19, 20207 min read
The Chinese International Commercial Court: Reasons for Reform through Industrialization
This article gives a critical analysis of the Chinese International Commercial Court.
144 views
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