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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.
Due Process and Waiver of the Oral Hearing Right
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.
Can an Arbitral Tribunal Grant Interim Relief Against Third Parties?
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.
The Evidence Collection Hitch in Arbitration Proceeding
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.
Redefining Fairness To Examine The Viability Of Appellate Arbitrations In India
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.
Hero v. Inox: Indian Court Rekindles the Ghost of “Inter-Connected” Agreements
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.
Public-Private Arbitrations in India: Are Democratic Norms Protected?
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.
SEAL Quarterly Round-ups: Q3 2020
The latest quartely round-up is here!
