Yearly Archives: 2022

Author: Sampurna Mukherjee* Jurisdiction: India International   Topics: Arbitration Clauses Arbitrators and Arbitral Tribunals Jurisdiction of Tribunals     I. INTRODUCTION There can be no doubt that today, the preference, adoption and practice of arbitration as an alternative to traditional litigation, has positively flourished in different jurisdictions across the world through […]

Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...

Author: Ahan Gadkari* Jurisdiction: India   Topics: Appointment of Arbitrators Arbitrators and Arbitral Tribunals Domestic Proceedings in Arbitration     Abstract Party autonomy has significant importance in any arbitration proceeding. One of the most important aspects of party autonomy is that the parties can select their own procedure for arbitration. Indian […]

Single-Party Arbitrator Nomination as a Ground of Annulment in India

Authors: Sakshi Srivastava* Jurisdictions: India Topics: Third-Party Funding Domestic Arbitration Law   Third Party Funding In India Third Party funding (hereinafter referred to as TPF) is essentially a new package for an old gift, i.e., Maintenance and Champerty. Champerty has been a conventional practice followed in Indian litigation wherein a […]

Third Party Funding In Arbitration In India

Authors: Christian Johannes Wahnschaffe* and Edward Rensmann** Jurisdictions: International European Union Topics: Investment Disputes Energy Charter Treaty (ECT) EU Law   There was turmoil amongst arbitration practitioners when the European Court of Justice (“ECJ”) rendered its Achmea decision in 2018.[1] There, the ECJ found the dispute settlement provisions in a […]

Lights Out for the Energy Charter Treaty? The ECJ’s Next ...