• Arbitration

    Arbitration as a mode of Dispute Resolution for Copyright Matters in India

    Reading Time: 5 minutes The authors aim to identify the viability of using arbitration as a mechanism to resolve copyright disputes in India. Introduction Intellectual property rights provide an avenue for creators to exercise their power over third parties stealing their creation without seeking permission, terming them as their own and deriving monetary benefits out of the same. Currently, the holders of intellectual property are expected to be cautious and take recourse to the courts in the event of infringement of their copyrights. Although the Indian judiciary has made significant efforts to ensure the development of an intellectual property regime in India, it would go a long way in achieving…

  • Consensual Dispute Resolution,  Interviews

    Interview with Sebastian Schäfer, Winner of Warsaw Negotiation Round, 2018

    Reading Time: 4 minutes Warsaw Negotiation Round is one of the most prestigious international negotiation competitions. This year the competition was held in Warsaw from 19-22 April. We interviewed Sebastian Schäfer, a member of the wining team. Sebastian Schäfer is a graduate from IÉSEG School of management at Paris. Coming from an engineering background, he followed his passion for complex negotiation processes and studied International Business Negotiation in Paris. His team won the Warsaw Negotiation Round 2018. Hi Sebastian, hope you are doing well in Paris. Congratulations on your victory at the Warsaw Negotiation Round, 2018. Your experience could definitely help our readers understand the nuances of a negotiation competitions. We would…

  • Uncategorized

    Call for Researchers

    Reading Time: 1 minute Researcher required for a book project on International Commercial Arbitration. The position may be stipendiary and the researcher would be acknowledged in the book. The project has an approximate timeline of one year. Applicants should have completed ADR, and ICA courses and preferably have some internship experience in arbitration. Selected students will be interviewed by Dr. Francis Julian. Interested students may contact Prof Suvrajyoti Gupta at sgupta@jgu.edu.in. Please follow and like us:

  • Arbitration

    Enforceability of Foreign Awards Against Minors in India

    Reading Time: 6 minutes In the recent judgement of Daiichi Sankyo Company Limited (Petitioner) v. Malvinder Mohan Singh and Ors. (Respondents) (2018), the Delhi High Court enforced a foreign arbitration award, yet inter alia declared that the award of damages against minors is illegal, non est and void as it is opposed to the public policy of India. This article solely discusses the issue with respect to minors. Background In the case, the respondents had fraudulently induced the petitioner to acquire their shares by concealing a document that stated the genesis, nature and severity of pending investigations by the US Food and Drug Administration (FDA) and Department of Justice (DOJ).…

  • Arbitration

    The Joinder of Non-signatories to Arbitration: Discussion on the Recent Ameet Lalchand Case

    Reading Time: 4 minutes Introduction Arbitration has come to the fore as a viable alternative to the Court system for resolution of disputes. The Arbitration and Conciliation Act (“ACA”), 1996 governs the procedural aspects of this mechanism. It has been modified multiple times over the years to get into place an efficient dispute settlement mechanism. The statute is divided into two parts – Part I applies to domestic arbitrations while Part II applies to foreign-seated arbitrations. In the case of Balco[1], the Supreme Court confirmed this separation and held that Part I and II would never apply simultaneously to an arbitration proceeding. While the Arbitration and Conciliation (Amendment) Act, 2015…

  • Arbitration

    Conundrum relating to the applicability of the Arbitration and Conciliation (Amendment) Act, 2015

    Reading Time: 3 minutes Brief Background The BCCI v. Kochi Cricket Private Limited was heard by the Apex court to finally but partially settle the uncertainty pertaining to Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015 (“Amendment Act”). Section 26 in the Amendment Act refers to the applicability of the amended provisions to proceedings filed prior to the commencement of the Amendment Act. The court stated that Section 26 consisted of two distinct segments with the former pertaining “to arbitration proceedings” and the latter being associated with court proceedings, which were “in relation to” arbitration proceedings. The Section 26 is worded as follows: “Nothing contained in this Act…

  • Consensual Dispute Resolution

    Hostage Negotiations: To Concede or not to Concede?

    Reading Time: 5 minutes Hostage negotiations are one of the most critical areas of research in the recent times and require the work of skilled negotiators and psychologists to determine whether or not a no concession strategy must be adopted. Hostage negotiations are of several types. First, wherein, the criminal takes people hostage in the execution of a robbery where there is virtually no escape; the second, wherein, law enforcement arrives on scene before the successful completion of a crime and thus hostages are taken in; and the third, wherein workplace discord or marital discord escalates into a hostage situation (Miller 2005, 278). An in-depth analysis of the situation at hand will help determine the nature…

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