[The authors, Mayank Parashar and Grace Bhadauria, are 5th Year Students at the Faculty of Law, Jagran Lakecity University, Bhopal] Abstract: In the rapidly evolving landscape of dispute resolution, Online Dispute Resolution (ODR) has emerged as a transformative and impactful alternative, especially in the realm of corporate law. This paper delves into the rising trend […]
[Mayank Taparia is a 3rd year B.A, LL.B. (Hons.) student at NALSAR University of Law and Arjav Sethi is a 4th year B.A,. LL.B. (Hons.) student at Jindal Global Law School] On 25 April 2023, the Supreme Court delivered a judgment in M/S N.N. Global Mercantile vs. M/S Indo Unique Flame Ltd (hereinafter referred to
FLAWED PREMISE: JUDICIAL INTERVENTION IN AN UNSTAMPED ARBITRATION AGREEMENT Read More »
Urja Thakkar and Jigme Palzer Tshering*[1] Emergency relief has often been touted as the ‘Achilles’ heel’ of an otherwise systematized International Arbitration. Emergency Arbitration is a fledgling concept and was devoid of strong footing in Indian arbitration till the Supreme Court judgement in the case of Amazon.Com NV Investment Holdings vs Future Retail Ltd and
Analysing the Popularization and Legitimization of Emergency Arbitration in India Read More »
Shreya Gajbhiye* Introduction A growing popularity of multi-tiered clauses has resulted in its own array of issues and nuances which arise in practice. This paper focuses on the practical implication brought by an ambiguous position of law, particularly with respect to the practical implications of arb-med-arb clauses. In the event that the parties happen to
*By Panagiotis Athanasiadis When two states sign a trade agreement, the question of dispute settlement is a major focal point. What should happen in the case of a violation of the rights of an investor; what recourse should be available; how can fairness in that proceeding be assured. Historically states resulted to diplomatic means or
Investment Arbitration: The weaknesses of the current system (1/2) Read More »
Recently, the UK Supreme Court handed down the judgement in Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb” & Ors (‘Enka v. Chubb’),[1] in an attempt to settle the law on the determination of the law of arbitration agreement. The Court differed from the law previously settled in Sulamerica Cia Nacional de Seguros
Shruti Vats[1] In light of the increasing complexity of commercial contracts and prevalence of multi-party and multi-contract arrangements in international business transactions, SIAC issued a proposal on Cross Institution Consolidation Protocol read with its 2016 SIAC Rules, in 2017. Multi-party and multi-contract disputes are not uncommon in international arbitration and also arise frequently in commercial
Gursimran Bakshi* I. Introduction Recently, in 2019 the Chartered Institute of Arbitration (Singapore) issued its Guidelines for Witness Conferencing in International Arbitrations (The Guidelines).[1] These guidelines come post the amendment of the Delhi High Court in the Delhi High Court (Original Side) Rules, 2018 to recognize witness conferencing as a method to cross-examine expert
Babanifesi Ajetunmobi* Precedent is a notable highlight in litigation, playing out as an unbundling of what was, what is and what should continue to be. Counsels find themselves lost in the battle for strength and credibility, adducing as much authorities as it takes to bring the court to their side. But in arbitration, the same
CAN AN ARBITRATOR DEFY THE SYSTEM OF PRECEDENT? Read More »
Zeyad Abouellail* Paris Court Of Appeal, CCI, Pôle 5 – Chambre 16, 25th Of February 2020: N° 19/07575, N° 19/15816, N° 19/15817, N° 19/15818, N° 19/15819 The newly established International Commercial Chamber of the Paris Court of Appeal recently rendered its first – and much anticipated – decision in setting aside proceedings against an international
