The Law Commission of India under the chairmanship of Justice AP Shah had constituted an expert committee to work on the 246th Report on “Amendment to the Arbitration and Conciliation Act, 1996”…
A few days ago, this blog published an outsider’s perspective on the decision of the Supreme Court of India (SCI) in Reliance v Union of India (Reliance v Union of India, Civ App No. 5675 of 2014 (…
The potential intervention of Indian courts over foreign seated arbitrations is a hot topic in international arbitration. On 28 May 2014, the Supreme Court of India ("SCI") heated up the debate by…
and Sapna Jhangiani, Clyde & Co. and Joseph P. Matthews J.D., University of Miami School of Law
for Young Arbitration Practitioners
It has been some time since the White Industries Australia…
Uniform jurisprudence on Sovereign immunity still seems a long distance away in international sphere for the reason that the national laws and approaches adopted by the States govern this issue.…
The Indian arbitration regime has seen a sea change in the last couple of years. Before the decision of the Indian Supreme Court (“SC”) in BALCO v. Kaiser Aluminium [Civ. App. No. 7019 of 2005] in…
The most quintessential element of international arbitration is an impartial, independent and neutral tribunal. Where impartiality and independence of the arbitrators is equated with direct relation…
and Niyati Gandhi
A done to death topic in arbitration gatherings in emerging markets, particularly in India, is the debate about ad hoc versus institutional arbitration. The basic arguments in…
and Niyati Gandhi
On 14 February 2014, the Supreme Court of India (SCI) in Enercon India v. Enercon GMBH [Civ. App. 2086/7 of 2014] (Enercon) found occasion to revisit issues in connection with…
and Niyati Gandhi, National Law School of India University in Bangalore
The issues arising out of allegations of fraud in international commercial arbitration can be listed by way of two closely…
