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
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
In this post, the authors highlight the gaps in Indian policy making concerning tribunal secretaries along with the global framework and regulations, thereby suggesting India's way forward.
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
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
The latest quarterly round-up is here!
This piece by Tania Gupta is an attempt to highlight the need to make the arbitration fraternity take into account women's experiences as well as acknowledge all the obstacles that she has to overcome. Focus is on the requirement to understand intersectionality and recognise it as the primary step towards accepting the challenge of broadening the select group of arbitrators, diversifying it to incorporate the invisible females and thereby, creating a truly inclusive set of arbitrators.
This post examines the recent decision of the English Court of Appeal in Enka v. Chubb, that
the arbitration agreement, unless there are powerful reasons to the contrary, shall be governed by the law of the seat of arbitration. This marks a departure from the three-
stage test propounded in Sulamerica v. Enesa to determine the law governing the
arbitration agreement. R. Harikrishnan argues that Enka may not be correct in departing
from the three-stage test in Sulamerica.