In this post, Gourav Asati & Sarthak Chouhan discuss the need for the promotion of institutional arbitration in India.
In this blog post, Martin Kwan (OBOR Legal Research Centre) discusses an important legal method for dealing with institutional arbitral procedures. Less-experienced arbitration lawyers may not be aware of the importance of the guides on arbitral institutional rules, which results in unequal knowledge in arbitral battlefields. By “guides”, the author refers to the publications which discusses the institution’s interpretation, understanding and cases of its rules. Knowing the rules alone is insufficient without also being acquainted with the institution’s interpretations. When institutional procedural decisions are confidential and hence many remain unpublished, the author believes that consulting the relevant guides becomes the most pragmatic means to familiarize oneself with the interpretations.
The 2019 Amendment has introduced Part I-A to the Arbitration Act, which gives Central Government the power to establish ‘Arbitration Council of India’. While this looks to be a welcome change in the arbitration regime of India, it poses certain challenges as well.
In this blog post, Utkarsh Trivedi (3rd-yr, NLU-O) has analysed the significance of inclusion of the Arbitration Council of India in the Act and has made an attempt to point out the drawbacks that is envisages.
The New Delhi International Arbitration Centre Bill, 2019 received the assent of the President on the 26th of July, 2019. This blog piece by Sagarika Singh (4th yr, RMLNLU) discusses the NDIAC Act, 2019 and how it is a step in the right direction to promote institutional arbitration in India. The author has tried to examine the necessities of institutionalising arbitration in India and also the factors responsible that are making the current arbitral institutions inefficient.