By: Gaurav Chaudhary The author would like to thank Kishan Gupta, an Associate at Cyril Amarchand Mangaldas, for his valuable comments and constant guidance on the draft. Introduction The Group of Companies doctrine (Hereinafter ‘doctrine’) is a legal principle that has come under immense scrutiny due to its prevalent usage in Indian arbitration and corporate … Continue reading Questioning Conventional Wisdom: Reassessing the Application of the Group of Companies Doctrine in Indian Arbitration

By: Rashika Bajpai and Khushboo Sharma Introduction ESG (environmental, social, and governance) disputes refer to conflicts arising due to environmental sustainability, social responsibility, and corporate governance issues. It is a novel concept used to assess companies’ sustainability and ethical performance for investment decision-making.  Businesses have seen a paradigm change where the emphasis on value creation … Continue reading Arbitration as a Mechanism to Resolve ESG Disputes 

By: Vrinda Basu The author would like to thank Siddhant Ahuja, a Trainee Solicitor at Herbert Smith Freehills, for his valuable comments and constant guidance on the draft. Introduction Developed in the aftermath of the Cold War, the Energy Charter Treaty (“ECT”) is a multilateral investment treaty signed by states (“Contracting Parties”) to enable global cooperation and stability in … Continue reading A Modernised Energy Charter Treaty: A step forward or two steps back?

By: Debarshi Chakraborty and Shashwat Awasthi The recent decision by the Calcutta High Court in Cholamandalam Investment and Finance Co. Ltd. v. Amrapali Enterprises and Anr. has raised concerns about the potentially disastrous outcomes of good intentions if not accompanied by prudent foresight. The case revolves around an application filed by Cholamandalam Investment and Finance … Continue reading Good Intentions Gone Awry: The Calcutta High Court’s Ruling in Cholamandalam v. Amrapali

By: Vaibhav Chaturvedi Introduction Under Section 10 of the Arbitration and Conciliation Act, 1996, parties are at liberty to decide the number of arbitrators forming the tribunal, given the exception that it should not be an even number. Although, a sole arbitrator would constitute a ‘tribunal’[1], but the current contention over majority award arises when … Continue reading Contentious Majority Award: Arbitrator’s Acknowledgement

By: Aviral Shrivastava Introduction International Arbitration was created as a technique to eliminate erroneous or time-consuming litigation, and since then it has earned widespread acceptance. Despite this, constructive debates of the cost-mechanism and, more specifically, issues linked with diverse interpretations of the Arbitration Clause and the Arbitration Agreement have been made. With this enhanced discernment, … Continue reading Applicability of CISG over FIDIC in Construction Arbitrations: A Tussle Over Interpretation

By: Priyanshi Bhageria The author would like to thank Parimal Kashyap, Associate AZB & Partners, Mumbai for his valuable comments and constant guidance on the draft. Introduction Recently, in Vag Educational Services v Aakash Educational Services, the Delhi High Court opined that an arbitral tribunal cannot recall the proceedings if its mandate is terminated under Section 32 of … Continue reading Arbitral Tribunal’s Power To Recall: A Hasty Judicial Creation?

By: Utkarsh Srivastava and Dhairya Kumar Introduction: Party autonomy is a concept which forms the centre to the arbitral process. The leeway to the parties in deciding the manner of adjudication of their dispute should be ensured given that the leeway is exercised within the scope of the national law on the subject applicable in the … Continue reading Session Digest: Two-Tier Arbitration in India: Validity and Insertion in the Indian Framework

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By: Abhimanyu Pathania and Devansh Dixit Introduction Party consent is one of the most important facets of arbitration under several international conventions. Section 7 of the Arbitration and Conciliation Act, 1996 [hereinafter, “the Act”] makes consensus ad idem essential for a valid arbitration agreement. Though infrequently, diverse legal theories have been applied to bind non-signatories … Continue reading Forced Arbitration: Examining Validity of the Group of Companies Doctrine in India

By: Ishika Chauhan and Yash Bhatnagar Introduction Online Dispute Resolution (hereinafter, "ODR") is an ever-rising tool in Alternative Dispute Resolution, especially after the onset of the COVID-19 pandemic. With courts and dispute resolution institutes going virtual or 'online,' the question arises of the flexibility and sustainability of the concept itself. Moreover, there have been concerns … Continue reading Session Digest: Rise of Online Dispute Resolution and the Conundrum of Venue and Seat determination

By: Arun Nachiappan (Symbiosis Law School, Pune) Introduction UNCITRAL Working Group II completed talks on a convention and model law on the implementation of settlement agreements made through international commercial conciliation or mediation (Article 3 of the Convention) in February 2018 after three years of negotiations and deliberations in New York and Vienna. The UN … Continue reading The Effective Impact of the Singapore Convention on Mediation in India

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