[This guest post is authored by Raghav Agrawal, a third-year B.A., LL.B. (Hons.) student at Hidayatullah National Law University, Naya Raipur]
One of the mistakes in corporate drafting today is to include “can” or “may” in a clause that addresses the dispute resolution mechanism, with the intention of improving out-of-court options. However, the Supreme Court
[This guest post is authored by Shubham Shrivastva, Penultimate Year Law Student, Dharmashastra National Law University]
Consider the following thought exercise. Into an international arbitration, two legal teams go. At stake are the multi-billion-dollar investments of a western energy firm pitted against a state-owned Asian enterprise. Both sides use advanced document review platforms equipped with
In ASF Buildtech Private Limited v Shapoorji Pallonji & Co Private Limited[1] (ASF Buildtech), the Supreme Court recently clarified that an arbitral tribunal has the power to implead a non-signatory who is bound by an arbitration agreement.
Along with the key findings in ASF Buildtech, this piece sets out a few thoughts on the
(This guest post is co-authored by Rahul Kumar and Aditya Singh. Rahul is an advocate at Sarvada and Aditya is a third-year law student at RML-NLU. This post was edited by Devansh Pandit)
The doctrine of Verba Chartarum Fortius Accipiuntur Contra Proferentum (“Contra Proferentem”) is a legal principle used in the interpretation of contracts and
[This guest post is authored by Rahul Kumar, Advocate, Sarvada Legal; Aditya Singh, 3rd year student at Dr. Ram Manohar Lohiya National Law University, Lucknow; and Devashish Jain, 3rd year student at Hidayatullah National Law University, Raipur. The authors can be reached at rahul@sarvada.co.in, adi823549@gmail.com, and devashishjain.2020@hnlu.ac.in. This post has been co-edited by our guest
[This guest post is authored by Anjali Busar and Khushboo Sharma. Anjali is a fifth-year B.A. LL.B (Hons.) student at National Law University, Lucknow and Khushboo is a third-year B.A. LL.B (Hons.) student at National Law University, Lucknow]
Discussing the Validity of Pre-conditions for Invocation of Arbitration Proceedings
The incorporation of a multi-tiered dispute resolution
[This guest post is authored by Suvanwesh Das. He is a 3rd year B.B.A., LL.B. student at National Law University Odisha]
Arbitration agreements, like any other contract, can be overridden by another agreement between the Parties. If the original contract is terminated in its whole, the arbitration agreements contained in such contract may also deemed
[The guest post is authored by Saloni Neema, third year law student from Damodaram Sanjivayya National Law University, Visakhapatnam]
Introduction
It is well-settled law that arbitrators are creatures of the contract between the parties. In cases where the agreement excludes certain aspects from the purview of the arbitral tribunal, the settled law is that an
[The guest post is authored by Veddant Majumdar, fifth year law student at Amity Law School, Delhi, GGSIP University]
Introduction
The demand for codification of emergency arbitration has created a frenzy in the international arbitration jurisprudence, owing to the numerous benefits it has to offer. Emergency arbitration is a mechanism which allows parties to arbitration
[The guest post is authored by Akshit Uniyal, fourth year law student at Institute of Law, Nirma University, Ahmedabad, Gujarat.]
I. Introduction
The Arbitration Act, 1996 (‘Act’) provides the recourse to be taken against an arbitral award if any party is dissatisfied with it. The Act under Section 34 states several reasons for which an