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.

Through this blog post, Divyanshu analyses difference in the threshold of confidentiality obligation in international commercial arbitration across multiple jurisdictions and measures to secure them. He also provides suggestions to balance the confidentiality obligation with the need for disclosure of information to secure the ends of justice.

The Society for Excellence in Arbitration Law, RMLNLU will be hosting its first webinar, on the topic, “Contemporary Issues in Arbitration Law: Anti-Arbitration Injunctions”, discussing the Indian and International trends on the grant of such injunctions, on 10 June, 2020. The guest speakers for this session will be Mr. Surjendu Sankar Das, (Advocate-on-Record, Supreme Court … Continue reading Online Lecture Series (Part-I) on Anti-Arbitration Injunctions (June 10, 2020)

In this blog post, Sahajveer Baweja and Gunjan Singh discuss some potential areas of reforms within CAS in light of the increasing questions over CAS' legitimacy and integrity.

In the latest post, Aditya Sethi and VS Pravallika analyse the dispute settlement clause of the 2016 Indian Model BIT in the light of recently concluded BIT between India and Brazil.