Tag: arbitration
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The Role of Arbitration and Mediation in Insolvency
Introduction In this article, Shreyas Jayasimha, Punthi Shah and Tushar Tyagi analyze how Alternative Modes of Dispute Resolution have been gaining traction across the world as an apt alternative to litigation, including with particular reference to India. Insolvency proceedings in recent times have clashed with such alternative modes of dispute resolution, especially arbitration. In this…
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Shreyas Jayasimha appointed to the Expert Committee
Aarna Law’s co-founder Shreyas Jayasimha has been appointed to the Expert Committee that will recommend reform to India’s Arbitration and Conciliation Act, 1996. The Expert Committee is tasked with reviewing the present law and providing recommendations to the Ministry of Law.
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Arbitrability of fraud
Arbitrating in India can involve recalcitrant respondents trying to frustrate the proceedings, and claimants trying to bring claims that would ideally be litigated before courts. Unfortunately, the jurisprudence around whether a claim is arbitrable or not has not followed a consistent pattern yet it can have profound consequences for the parties involved. It therefore becomes…
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Enabling procedural efficacies in parallel ISDS arbitrations
The difficulties associated with multiple claims brought by different claimants on the same subject-matter has been described as “detrimental to investment practice”.[1] The existence of concurrent proceedings can “hinder amicable settlement” and “undermine predictability more generally”.[2] The UNCITRAL Secretariat’s Note on the ‘Concurrent Proceedings in Investment Arbitration’ defines parallel or concurrent proceedings as “situations where…
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Invocation of arbitration under an unstamped or insufficiently stamped agreement
The Supreme Court of India recently decided upon a crucial issue of validity of an unstamped arbitration agreement. The five judge bench held that an instrument which is exigible to stamp duty, may contain an Arbitration Clause and which is not stamped, cannot be said to be a contract, which is enforceable in law within…
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Challenging the Unilateral Appointment of an Arbitrator
In its recent ruling, the Bombay High Court reiterated the need for a written agreement between the parties if one of them objects to the unilateral appointment of an arbitrator by the other.
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Arbitration regimes applicable to small and medium businesses in India
Although the Indian Supreme Court has tackled some of the conflicts around the validity of arbitration clauses for micro, small and medium-sized enterprises, clarity is still required on how such clauses should apply