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194 results available

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Arthad Kurlekar for YIAG
A False Start – Uncertainty in the Determination of Arbitrability in India
June 16, 2016

Professor Pieter Sanders in 1999 famously asked “Quo Vadis Arbitration”? (Where do you go Arbitration?). In the Indian context this question is particularly relevant in light of the ever-fluctuating…

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Pallav Shukla (Trilegal)
Appointment of Arbitrators for Electricity Disputes in India
May 10, 2016

According to the 2015 report of the BP Statistical Review of World Energy, India accounts for 5.1% of the world electricity generation and is the third largest generator of electricity in the world.…

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Prakash Pillai, Mark Shan (Clyde and Co) for Clyde & Co.
Persisting Problems: Amendments to the Indian Arbitration and Conciliation Act
March 10, 2016

Prior to the amendment of the Indian Arbitration and Conciliation Act 1996 (“the Act”), India’s journey towards becoming an international commercial hub that could rival Singapore and London was…

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Sanjeevi Seshadri (National Law University, Delhi) for YIAG
S. 29A of the New Indian Arbitration Act: An attempt at slaying Hydra
February 02, 2016

The Arbitration and Conciliation (Amendment) Act, 2015 was passed by the Lok Sabha and Rajya Sabha on 17 December 2015 and on 23 December 2015 respectively and received the President’s assent on 31…

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Kartikey Mahajan
Can two Indian parties choose a foreign seat for arbitration?
January 21, 2016

The Indian Arbitration and Conciliation Act, 1996 (“Act”) makes it clear that an arbitration between an Indian and a foreign party can be governed by foreign law and can have a foreign seat. This is…

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Ashutosh Ray
Unveiled: Indian Model BIT
January 18, 2016

White Industries woke up India to the realities of Investment Treaty Arbitrations (“ITA”) during the end of 2011. Today, India has one of the highest numbers of ITA claims pending against it. The…

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Sulabh Rewari (Keystone Partners), Poorvi Satija (White & Case LLP)
Are Commercial Courts the answer to India’s arbitration woes?
December 25, 2015

The Indian Government recently promulgated two ordinances (i.e., the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance (“Ordinance”) and the…

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Olga Boltenko (Fangda Partners), Kartikey Mahajan
How the Reliance saga brought clarity to the applicability of Bhatia International
November 30, 2015

Any discussion on the Indian Arbitration and Conciliation Act, 1996 (the "Act") is incomplete without a reference to the scope of judicial interference introduced by the Supreme Court of India (the "…

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Vikas Mahendra (Arista Chambers)
Arbitration in India: A New Beginning
November 06, 2015

The recently promulgated Arbitration and Conciliation (Amendment) Ordinance 2015 (the “Ordinance”) marks a significant change in the arbitration landscape of India. Most significantly, the Ordinance…

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Vivek Kapoor (Stephenson Harwood LLP) for Young ICCA
Bitten by the BITs, India looks to constrict its Model BIT
October 14, 2015

The engines of economic growth in India are moving towards full throttle. In this resurrection of India as an economic giant, foreign investors are keenly looking at safeguards the Government of…

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