Forced Arbitration: Examining Validity of the Group of Companies Doctrine in India

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

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Session Digest: Rise of Online Dispute Resolution and the Conundrum of Venue and Seat determination

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

The Effective Impact of the Singapore Convention on Mediation in India

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

Admissibility of Confidential Information in Domestic Courts: Examining a Pitfall in Singapore Mediation Convention

By: Arun Nachiappan (Symbiosis Law School, Pune) Introduction The code of conduct for mediators plays a significant role as far as any mediation is concerned. Ultimately, they are expected to be fair and reasonable while making proposals to settle the matter. In such a scenario, any mediator who engages in international mediation subscribes to the … Continue reading Admissibility of Confidential Information in Domestic Courts: Examining a Pitfall in Singapore Mediation Convention

SEAL Quarterly Round Up Q1 & Q2 2022

By: Avantika Singh, Ayush Kumar, Ishika Chauhan, Mansi Pandey, Priyanshi Bhageria, Snehil Balani, and Yash Bhatnagar INTERNATIONAL DEVELOPMENTS 1. In a first instance, Hong-kong court refused to tighten the test and stayed a winding-up petition in favor of arbitration (https://legalref.judiciary.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=140345&QS=%2B&TP=JU) The Hong Kong Court of First Instance stayed a winding-up petition in favor of arbitration … Continue reading SEAL Quarterly Round Up Q1 & Q2 2022

Regulatory Chill: An Analysis with Reference to India

In this article the author analyses how host states often seem to be reluctant while implementing certain policy measures which directly or indirectly affect foreign investments in the country. This largely happens as a result of the threat of arbitration that the host state may face, this reluctance to is known as the 'regulatory chill'. This article delves into this issue in detail by drawing an analysis with reference to India.

SEAL Quarterly Round-Ups: Q3&Q4 2021

By: Aarushi Gupta, Archi Jain, Christina D’souza, Gaurav Choudhary, Snehil Balani and Yash Bhatnagar INTERNATIONAL DEVELOPMENTS 1. The English High Court refused an application for ‘further’ extension of time which sought to challenge an arbitral award under section 68 of the 1996 act, due to its non-conformity with the time limit stipulated under the earlier … Continue reading SEAL Quarterly Round-Ups: Q3&Q4 2021

Assignment Agreement: a New Addition Under the Ambit of Protected “Investment” in Investment Arbitration

In this article the author attempts to argue for the recognition of assignment agreement as a protected “investment” in investor-state arbitration through first, demonstrating the fulfilment of the Salini test to meet objective requirements of “investment”; and subsequently, highlighting the fulfilment of subjective requirements of “investment”.