• Arbitration

    Athul Aravind on Blockchain Arbitration: The Future?

    Reading Time: 6 minutes The rise of the E-commerce sector in India can be largely attributed to the increasing popularity of online shopping through various platforms such as Amazon, Flipkart, and so forth. It’s growing popularity stems down to its convenience, speed and accessibility to a wide range of products at the click of a button. Seeing that companies like Flipkart have made as much as 1.4 crores in day [1], one cannot doubt it’s increasing popularity. Although a large chunk of this revenue is legitimate, a sizeable chunk of this revenue is made through small sums of money (Rs.50- 4000) that were unclaimed by the consumer through mishaps of…

  • Arbitration

    Madhur Arora on The Development of the Choice of Law Analysis in the Indian Jurisprudence

    Reading Time: 6 minutes Arbitration in India started with the old arbitration act of 1996[1]which has subsequently been amended in 2015[2]. Despite the creating and subsequent amendment of the legislation itself, arbitration in India seems to have undergone a drastic stage of confusion with regards to the international aspect of commercial arbitration. One of the key contentions in this regard exist between the law applicable to the arbitration agreement in the circumstance that the law of the seat is different than the law that governs the underlying contract.[3]Other leading international jurists have also commented on how the complications between the interpretation of the Indian act has caused havoc in the…

  • Arbitration

    Pallavi Modi on Online Dispute Resolution – The Future of Dispute Resolution in India

    Reading Time: 5 minutes Alternative Dispute Resolution (“ADR“) as a process for resolving disputes between parties has come a long way in India. The growth and beneficial utilization of the ADR process especially within the corporate sector is noteworthy. Today when, more than three crore cases are pending in Indian courts, the ADR process has enormous prospects for application and development. Due to the growing saturation in litigation and continually improving ADR infrastructure in the country, the ADR process has reached a stage of unprecedented popularity and recognition. Since the enactment of the Arbitration and Conciliation Act, 1996(“the Arbitration Act“), various amendments have been made. The most recent development is…

  • Arbitration

    Pranay Bhattacharya on Arbitration as a Method of Resolving Cybersquatting Disputes

    Reading Time: 6 minutes  PREFACE With the revolution in the cyberspace arena and e-commerce, the growing need for a unique domain name has taken a different toll, and so have the disputes. Domain names act as a link between the potential customers and the service providers via online channels. Therefore, this write-up is an attempt to dissect the contention between the parties using arbitration as a method to resolve the disputes in cases of cybersquatting. WHAT IS CYBERSQUATTING? It refers to copying and using a registered domain name or using one’s trademarkwith the mal-intention of commercial gain, online frauds or selling off one’s trademark. The names so used are to…

  • Arbitration

    Aman Kumar Yadav and Arjun Chakladar on Arbitration’s Shift to the East

    Reading Time: 5 minutes Arbitration in recent times has seen immense growth globally and has been recognized almost unilaterally by majority of legal frameworks as the premier alternative dispute resolution procedure. Arbitration as a process has gained traction due to its methodology gaining prevalence outside the walls of litigation, and a process where both disputing parties come to terms amicably and the arbitration award rendered by the arbitrator/ arbitral tribunal is enforceable and legally binding without the formality and myopic scope of the litigant courts. Arbitration, as a procedure has its roots and stronghold in the United States of America, with the ‘New York Convention’ and UNCITRAL Arbitration rules,[i]both landmarks…

  • Arbitration

    Vivasvan Prakash and Shrey Uttam on Role of National Courts in International Commercial Arbitration

    Reading Time: 5 minutes INTRODUCTION Indian judiciary has around 17000 professional and diligent judges however the system is under strain with almost more than 30 million cases in pendency leading to delays which are endemic and an unnecessary hurdle plaguing our system. On an average a commercial case in India takes around 5 to 15 years to reach its judgment stage. This complex legal mechanism along with delay in justice adversely impacts the ease of doing business in India. With rising Indian aspiration to become leading economy in Asia and subsequently to match the prowess of Chinese economy it is pivotal that an investor friendly atmosphere in form labor reforms,…

  • Arbitration

    Kartikey Singh on Arbitrability of Consumer Disputes in India

    Reading Time: 5 minutes The issue of Arbitrability of consumer disputes has been debated since the genesis of the Consumer Protection Act, 1986. This debate becomes even more crucial when we see it in the backdrop of India representing itself as a “pro- arbitration” state. The recent case of Emmar MGF [i] has put an end to this debate as it has impliedly ruled out consumer disputes from the ambit of arbitration proceedings under the Arbitration and Conciliation Act, 1996. Before we come to the analysis of the Supreme Court’s latest ruling, it would be pertinent to observe the judicial precedents in this respect to get a holistic view of the issue…

  • Arbitration

    Rajvansh Singh on discussion of Supreme Court on the validity of “Pre-Deposit clause”

    Reading Time: 4 minutes Introduction Speedy and effective settlements of dispute are the two most important attributes for the smooth flow of trade. Unfortunately, the Indian Judiciary is infamous for speedy settlement of disputes. Recently, arbitration has emerged as an efficient alternative to the public justice delivery system.   Pre-deposit clause implies that if a party to the agreement intends to bring a claim before the arbitrator, it must first deposit security of a determinable sum, usually a percentage of the claimed amount. The underlying object behind these clauses is to prevent frivolous and extravagant claims being brought by the parties, in the hope of “trying their luck” with the…

  • Arbitration

    Rajvansh Singh on Hardy Exploration: A Missed Opportunity

    Reading Time: 4 minutes Every International Commercial Arbitration involves interplay of multiple laws. This is because of the concept of ‘severability of an arbitration agreement’, which means an arbitration clause is taken to be autonomous and to be separable from other clauses in the agreement.Thus, a contract involves two sets of laws- one dealing with the main contract i.e. governing law and another deals with arbitration, which is further sub divided i.e. procedural and substantive. The proper law of the contract i.e. the law that governs the main contract (“Governing law”). The curial law i.e. the law that governs procedural aspect of arbitration (“Procedural law”). The proper law of the…

  • Arbitration

    The Unresolved Conundrum of Section 11 of the Arbitration and Conciliation Act, 1996

    Reading Time: 5 minutes Introduction The Indian Arbitration and Conciliation Act, 1996 (‘the Act’) aimed at reducing judicial intervention in  arbitral matters has been a subject matter of distinct interpretations and deliberations.The Act has also witnessed progressive evolution following the developments in international principles. Though the Act contemplates an approach to prevent judicial intervention in the arbitral process, the same is not the case under Section 11 for appointment of arbitrators. The law of arbitration in India is at its cross roads. It is therefore incumbent upon the judiciary to contain its interventionist role that it has assumed for itself and have greater trust in the arbitral process to meet…

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