The latest quartely round-up is here!
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In this article, the authors argue against the ‘creeping legalism’ in arbitral proceedings in the form of oral advocacy and provide suggestions to preserve due process in the absence of an oral hearing right.
In this post, the author seeks to challenge the rationale adopted by the Delhi High Court in the case of Blue Coast Infrastructure Development Pvt. Ltd. v. Blue Coast Hotels Ltd by examining the expansion of powers of the arbitral tribunal to grant interim reliefs under Section 17 pursuant to the 2015 Amendment to the Arbitration & Conciliation Act, 1996.
In this post, Isha B D seeks to examine the procedure of evidence collection in arbitration proceedings and address the systemic shortcomings. As a solution, she advocates for the involvement of domestic courts while simultaneously counter-balancing this intervention with fundamental principles of autonomy inherent to arbitrations.
In this post, the authors seek to highlight the inadequacy of the existing legal framework in the country to be conducive enough for enhancement of fairness, in light of the recent case of Centrotrade Minerals v Hindustan Copper Limited which accepted two-tier arbitrations.
In this post, authors seek to examine the reasoning forwarded in Hero Wind Energy Private Ltd. v. Inox Renewables Limited on the question of court's jurisdiction to grant interim measures post constitution of the arbitral tribunal in context of inter-connected agreements and take a comparative approach in analyzing the decision with reference to other arbitration friendly jurisdictions.
In this post, the authors examine how arbitrations involving the government enties must be held to different standards in light of issues of public interest, transparency, and accountability.
In this post, Colin Cherian seeks to examine the arbitrability of cryptocurrency disputes in India-seated arbitration in the absence of legislative or judicial mandate.
This piece by Abhinav Gupta seeks to highlight the failure of English courts to determine a clear cut and precise position as to whether an exception of public interest can justify the breach of confidentiality. He also presents some solutions for appropriate disclosure of information in public interest.
In this post, Shreya Mohapatra addresses the repercussions of a miscommunication of instructions between client and counsel, which results in consent terms that are not as desired by the client.