The latest quartely round-up is here!
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.
The latest amendment to the Arbitration & Conciliation Act, 1996, was enacted to make India a desirable seat for International Arbitration. However, the protectionist approach it adopts - excluding foreign professionals from acting as arbitrators - has the opposite effect on its desirability. This blogpost by Kabir Chaturvedi, assesses the implications of exclusion of foreign arbitrators and its impact on Indian-seated arbitrations.
In this post, Amrit Singh seeks to address the conflict created by the decisions of the Indian Supreme Court while computing the limitation period for an appeal under Section 37 of the Arbitration & Conciliation Act 1996 against the order setting aside or refusing to set aside an arbitral award.
In this post, Dhriti Mehta addresses the the guidelines developed by the Indian courts on the grant of anti-arbitration injunction. She does a comparative analysis and discusses three major reasons why courts have been reluctant to grant anti-arbitration junctions.
Double-hatting in investor-state dispute resolution has raised legitimacy issues. In this article, Divij Jain addresses the practice of double-hatting and suggests a potential solution to the problem.
In this post, Ramit Singh and Sakshi Lulla examine whether courts can act upon an unstamped arbitral award while hearing annulment proceedings. They comment on the approach adopted by the Indian courts on the interplay between the Arbitration Act with the Stamp Act.