Authors: Ketan Gaur*, Neil Chatterjee**, Nidhisha Garg*** Jurisdiction: India Topics: Agreement to Arbitrate Formal Requirements Incorporation by Reference In a bid to promote the resolution of disputes through arbitration,...
Search Results for : India
...Commercial Arbitration: India, Global Arb. Rev. (Apr. 2, 2020), https://globalarbitrationreview.com/jurisdiction/1006488/india [22] Arbitration and Conciliation Act, 1996, §19, No. 19 of 1996, India Code. [23] Id. [24] London Ct. of Int’l...
Key Considerations in Drafting Dispute Resolution Clause in the COVID ...
...Protection Bill, 2019[2] based on GDPR model in India, and the declaration of the Right to Privacy as a fundamental right in jurisdictions such as India[3] have increasingly led the...
International Arbitration: A Miscellany of Data Protection Regimes and its ...
...is starkly different in India-seated arbitrations (especially, ad-hoc arbitrations). In the Indian context, such individuals mostly work behind the scenes, with parties rarely being aware of the extent of their...
Tribunal Secretaries: Aids to Mutually Appointed Arbitrator(s) or Inclusion of ...
...that obtaining awards for specific performance against sovereign States is even more challenging. For instance, in the case of Hardy Exploration & Production (India), Inc. v. Government of India, Ministry...
Specific Relief in International Arbitration
...[B.A.;L.L.B(Hons.)] at Symbiosis Law School, Pune, India. Her areas of interest include Arbitration – ADR, International Relations, Comparative Constitutional Law, History, Jurisprudence and Literature. [1] Nirman Sindia v. Indal Electromelts...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...space disputes, raising essential questions about sovereign immunity, international arbitration, and the enforcement of arbitral awards. It involves the Indian government, a private Indian corporation, and its Mauritius-based shareholders. Since...
Devas-Antrix Saga: A New Hope – Amici Curiae Brief
...Indian Law—the governing law of the main contract—were to govern the arbitration agreement, since oppression claims are non-arbitrable in India. On this basis, it decided that Singaporean Law—the law of...
Determining Arbitrability at the Pre-Award Stage: An Analysis of the ...
Author: Devanshu Sajlan* Jurisdiction: United States United Kingdom India Topics: Arbitration Judicial Review / Severability Modification The Supreme Court of India’s recent judgment in Gayatri Balasamy v. ISG Novasoft Technologies...
Severability and Slippage: Rethinking Judicial Modification in Gayatri Balasamy
...fill the persisting lacunae in the law. II. Confidentiality Concerns in Arbitration Disputes Before Courts A. Statutory Framework Most jurisdictions, including India, have adopted the UNCITRAL Model Law on...
Confidentiality Concerns in Arbitration Disputes: Implementation of Confidentiality in Courts ...
Author: Deeksha Malik* Jurisdiction: India International Topics: Agreement to Arbitrate Existence and Validity of Agreement to Arbitrate In 2009, the Supreme Court of India, in the case of MR Engineers...
A Cautious Acceptance of Incorporation of Arbitration Clause by General ...
...of this article to include judicial reviewability of negative jurisdictional findings. For example, in India, section 37 of the Indian Arbitration and Conciliation Act, dealing with ‘Appealable Orders’, includes as...