• Arbitration

    A Step Ahead: Analysing Indian Arbitration Law in the Context of International Technology Disputes

    Reading Time: 6 minutes Technology based enterprises are becoming the leaders of the global market in its every aspect. No industry has experienced such an explosive growth as has been experienced by the industry of technology-based enterprises; especially in the context of globalisation of economy and the complementary expansion in international trade in recent years. The technology industry is indeed an international sphere due to its components, viz international supplying and distributing networks that has enabled manufacturers to provide their technology products/services to consumers at a global scale. For instance, Biotechnology is high in demand at global scale due to its influence in multiple spheres- medical, environmental, industrial etc., which…

  • Consensual Dispute Resolution

    Ethics and Disclosure of Information in a Negotiation

    Reading Time: 4 minutes A negotiation aiming at an equivalent “win-win” gain to both parties may be idealistic and naïve. Rather, a realistic degree of satisfaction wherein both parties are in a mutually agreeable positioning to fulfill their needs whilst satisfying the obligations of the opposing party is ideal. This may not be equally benefiting for both parties but one which benefits both to differing extents.

  • Annual Arbitration Review- 2017

    Aravali Power Company Pvt. Ltd. vs. M/S. Era Infra Engineering Ltd.: Challenge to Constitution of an Arbitral Tribunal

    Reading Time: 5 minutes In a challenge to the appointment of the arbitrator and constitution of the Arbitral Tribunal the Supreme Court overruled the High Court’s judgment on the ground that, first, the applicable statutory provisions would be the un-amended arbitration act and second that in order to make out a case under section 11(8) the criteria under section 11(6) must be satisfied. It was laid out by the apex court that in the present case, the law as held in Northern Railway Administration[1], would be followed i.e., “The terms of the agreement ought to be adhered to and/or given effect to, as closely as possible.”

  • Consensual Dispute Resolution

    Dayawati v. Yogesh Kumar Gosain: Expanding The Scope of Mediation to Criminal Matters?

    Reading Time: 5 minutes Alternative Dispute Resolution (ADR) mechanisms are deep-rooted in Indian society. Since the ancient period ADR techniques like panchayats have played an important role in village level dispute resolution.[i] In the recent times, mediation has emerged as the most preferred mode of dispute resolution in which a neutral third party assists the parties at dispute to arrive at consensus with concrete effects. On 17th October, 2017, a division bench of Delhi High Court delivered the judgement in Dayawati v Yogesh Kumar Gosain  (Hereinafter “Dayawati”) and held that a criminal compoundable case of ‘cheque bounce’ under section 138 of Negotiable Instrument Act, 1881 (Hereinafter “The NI Act”), can…

  • Annual Arbitration Review- 2017,  Arbitration

    Alchemist Asset Reconstruction v. Hotel Gaudavan: Arbitration Proceedings during the Moratorium under the Insolvency & Bankruptcy Code, 2016

    Reading Time: 2 minutes The Supreme Court in this decision, unequivocally reiterated the mandate of the Insolvency and Bankruptcy Code, 2016, that, upon imposition of a moratorium under Section 14 (1) (a) of the Code, no new suit or arbitration proceedings can be initiated against the entity under moratorium. Furthermore, continuation of any suit or legal proceeding is prohibited.

  • Arbitration

    ‘Hot-Tubbing in Arbitration’ – The Latest Fad or a Creative Solution Here to Stay?

    Reading Time: 4 minutes Arbitrations often involve dealing with questions pertaining to complex technical, financial and monetary, cultural, and linguistic issues. It may be impossible for the counsel and the arbitrators to know and understand these issues fully without any additional support or help from the experts in those particular fields. Thus, expert opinions, or rather the testimonies of the experts, play an important role in multi-faceted or complex arbitrations. The role of the expert witness is not to assert the client’s position but to help assist the Tribunal in getting all the information to arrive at a decision regarding the issues central to the dispute. However, in practice the…

  • Annual Arbitration Review- 2017

    Twilight Properties v. Romola Bhattacharjee: Bifurcating Cause of Action

    Reading Time: 5 minutes In a petition to refer parties to arbitration under section 8, which was ultimately not permitted, the present order provides insufficient reasons as to why the grounds of, bifurcation of the cause of action and non-arbitrability of fraud, were relied on to oust the jurisdiction of the arbitration agreement. The present order overlooks not only precedence but the overall recent development in law. It altogether negatives the arbitration clause without a scholarly analysis. While this case may have missed the mark by a long shot, the Ameet Lalchand (supra) is an enlightening judgment, which makes a positive step towards strengthening institutional arbitration in India.

  • Arbitration

    Arbitral Rules v. Arbitral Institution: Party Autonomy or Conflict?

    Reading Time: 3 minutes Parties may choose the arbitral rules to be followed in arbitration after the dispute has arisen between them or the rules are specified in the arbitration clause of the contract that the parties have entered into previously. This article primarily deals with the situation where there is a conflict between the choice of arbitral institution and choice of arbitral rules. In most of the cases, procedural rules depend on the choice of arbitral institution and it is also advisable to follow the rules of the arbitral institution where the arbitration is being administered but sometimes parties decide to follow rules of arbitration of an arbitral institution…

  • Consensual Dispute Resolution

    Mediation: Acknowledge the diversity before you act upon it!

    Reading Time: 4 minutes Disputes are manifestations of “people problems rather than legal problems”. A person’s cultural background pervades the entire mediation process and must be considered while reaching mediated settlements. This becomes especially relevant in the realm of International Relations, where crises between two culturally dissimilar states are resolved through mediation. Culture itself encompasses values, norms and standard practices commonly used by a group that is “internally approved and sanctioned” in the daily routines of people. [1]Our behavioural reactions and assumptions of life are the products of the environments we live in and this social conditioning determines the way in which a problem is approached. This, also, means that…