• 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…

  • Arbitration

    Institutionalising Arbitration in India

    Reading Time: 4 minutes The New Delhi International Arbitration Centre Bill, 2018 (the “NDIAC Bill”) was introduced in the Lok Sabha earlier this year. The object of the bill is to encourage the establishment of the New Delhi International Arbitration Centre (“NDIAC”) to allow for an autonomous and an independent institution that promotes a more efficient arbitration mechanism in India.   Highlights of the NDIAC Bill  The objective of establishing the NDIAC was to further the process of institutionalisation of arbitration in India. This effort aims to ensure that the system is more efficient and not a time consuming process. Earlier, under the guidance of Mr. Justice B. N Srikrishna, a high level committee looked into the obstacles that hampered the institutionalization of arbitration in India and suggested reforms to the working of International Centre for Alternative Dispute Resolution…

  • Arbitration

    Future of Arbitration Bar in India: Talk by Mr. Tejas Karia at Jindal Global Law School

    Reading Time: 5 minutes Mr. Tejas Karia was invited to Jindal Global Law School to give a public lecture on the ‘future of arbitration in India’ on 28th March 2018. He is a specialist in IT laws, domestic arbitrations and international commercial arbitrations. Mr. Karia is presently a Partner and heads the arbitration practice at Shardul Amarchand Mangaldas & Co., one of India’s most prestigious law firms. He is a member of Bar Council of Gujarat and is additionally a solicitor in Law Society of England and Wales and a fellow of Chartered Institute of Arbitrators (CIArb). Roles and expectations of Indian Arbitration Bar Mr. Karia began the talk by…

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