...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...
Search Results for : India
...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 ...
...[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’ ...
...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
...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 ...
...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...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
...fair-minded observer. In India, the [Indian] Arbitration and Conciliation Act, 1996, requires arbitrators to disclose all past or present relationships with interest in any of the parties or subject-matter of...
Subject Bias – The Blurring Lines Between Practitioners and Arbitrators
Authors: Shashwat Bhaskar* and Winy Daigavane** Published: April 2021 Jurisdictions: International United States United Kingdom Switzerland Australia India Jurisdictions: Commercial Disputes Arbitrability Competition and Antitrust Intellectual Property Investment Disputes Banking...
Arbitrability of Insolvency Disputes: Resolving the Conundrum – Vol. 31 ...
...2945803, at *10 (S.D.N.Y. June 30, 2014). [7] Kian Ganz, India Special Report: Hard Court Battle, The Lawyer (June 8, 2009), http://www.thelawyer.com/india-special-report-hard-court-battle/1000999.article (quoting Norton Rose arbitration associate Sherina Petit). [8]...