• 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…

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