The latest quarterly round-up is here!
SEAL Quarterly Round-ups: Q4 2020
The latest quartely round-up is here!
Accessibility of Interim Relief While Selecting a Foreign Seat of Arbitration: A Misnomer or Reality
In this post, the authors highlighting the importance of interim measures under Section 9 Arbitration and Conciliation Act 1996 and had analysed the current position on selecting a foreign seat of arbitration and had answered the question of accessibility of interim reliefs in choosing a foreign seat of arbitration being not a misnomer but a reality with a pro-arbitration approach.
The Supreme Court Opens the Door for Indian Parties to Choose their Seat: The Mist Cleared
In this post, the author discusses the pro-arbitration stand taken by the Indian Supreme Court by allowing Indian parties to choose a foreign seat of arbitration. The decision has considered the clash between party autonomy and public policy and held that the scheme of Arbitration and Conciliation Act, 1996 does not preclude Indian parties to opt for a foreign seat.
Mandatory Shareholder Arbitration: An Indian Perspective
In this post, the author seeks to enlighten upon the need for Mandatory Shareholder Arbitration provisions and compares it to class action lawsuits. The author also explains the benefits of these Mandatory Shareholder Arbitration provisions.
Impleading Alter Egos in Arbitration – Questioning the Jurisdiction of Tribunal
In this post, the author deals with the question on the jurisdiction of an arbitral tribunal to implead alter egos, using the group company doctrine, in an arbitration proceeding. The author has referred to the recent Amazon judgement of the Delhi High Court to establish that impleadment of such entities cannot be categorised as a violation of the contours of Section 17, Arbitration Act.
Institutional Arbitration: Can India Efficiently Deal with it?
In this post, Gourav Asati & Sarthak Chouhan discuss the need for the promotion of institutional arbitration in India.
Sections 8 and 11 of India’s Arbitration and Conciliation Act, 1996: An Analysis of the Judicial Appeals Conundrum, Issues and Challenges
In this post, Raj Shekhar and Rishi Raj Mukherjee analyse the crucial anomaly that exists in Section 8 and 11 of the Arbitration and Conciliation Act, 1996. The article tries to analyse the scope of judicial intervention under Sections 8 and 11 of the Act while also finding a rational reason behind such differentiation.
Mediation of Investment Treaty Disputes: New Steps Forward
In this post, Tanya Antony analyses mediation as a more lucrative alternative to arbitration in the settlement of disputes arising from international investment treaties, and examines the viability of the Singapore Convention on Mediation as a way of bringing about this change.
Future Retail v. Amazon – Legality of Emergency Arbitrators in India
In this post, Abhi Udai Singh Gautam attempts to analyse the status of emergency arbitrators' awards in India. He explores both, the validity of such awards in domestic and foreign seated arbitration. The article attempts to deconstruct the recent Delhi High Court judgement in Future Retail v Amazon.com Investment Holdings, and also the existing case laws on emergency arbitration in India.
