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Shaneen Parikh, Amoga Krishnan (Cyril Amarchand Mangaldas)
Delhi High Court Rules Third Party Funders Vital to Justice but Not Liable for an Adverse Costs Award
June 06, 2023

The Delhi High Court has resoundingly acknowledged the viability of third-party funding (“TPF”) in providing access to justice for claimants in arbitrations. In a welcome judgment, the Court ruled…

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Shalaka Patil, Paulomi Mehta (Trilegal)
Stamp Of Invalidity Or Separate But Equal? The Indian Supreme Court Says: If Unstamped, Agreement Cannot Be Acted Upon
May 24, 2023

In an India-seated arbitration, if your contract is unstamped or insufficiently stamped, the Supreme Court of India has now confirmed in its authoritative judgement passed on April 25, 2023, in N N…

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Ashutosh Ray
India at the Tipping Point to Welcoming Foreign Law Firms? How Do New Rules Affect Foreign Arbitration Lawyers?
May 06, 2023

The Bar Council of India (“BCI”) recently notified (i.e. entered into effect) the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers or Foreign Law Firms in India, 2022 (“…

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Shashank Garg, Shashwat Bajpai
Inaugural Delhi Arbitration Weekend 2023: The Weekend of Arbitration Debates
April 09, 2023

The first-ever Delhi Arbitration Weekend (DAW) was held between February 16-19, 2023 and attracted a sizable number of participants including delegates from 14 countries. The DAW, which was…

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Piyush Prasad, Ashutosh Ray
2022 Year in Review: Coming of Age of Indian Arbitration
February 12, 2023

In recent years, arbitration in India has grappled with numerous challenges.  Recalcitrant parties knocking on the doors of trigger-happy courts ensured, unfortunately, that arbitration was viewed…

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Shalaka Patil, Vishesh Bhatia (Cyril Amarchand Mangaldas)
Beyond the Old Rule: Should Cavendish Come to India?
August 04, 2022

Arbitral tribunals are often faced with questions concerning the interpretation and enforcement of liquidated damages clauses; in such cases, the law governing the contract can significantly affect…

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Shruti Sabharwal, Ujval Mohan (Shardul Amarchand Mangaldas & Co.)
You, Me and Dupree: Indian Supreme Court Rethinks the Tenability of Using the Group of Companies Doctrine to Bind Non-Signatories to an Arbitration Agreement
July 13, 2022

The group of companies doctrine in arbitration has always been contentious in India. The doctrine was first recognised by the Indian Supreme Court in Chloro Controls India Private Limited v. Severn…

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Anjali Anchayil (JSA, Advocates & Solicitors), Tamoghna Goswami (J. Sagar Associates)
Indian High Courts’ Supervisory Jurisdiction over Arbitral Tribunals’ Orders: A Damocles' Sword
March 17, 2022

India is witnessing a protracted corporate battle — fought before multiple courts and an India-seated SIAC arbitral tribunal — for control over one of its largest retail chains. This heavily…

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Piyush Prasad, Ashutosh Ray
2021 in Review: India Continues to Make Significant Strides
February 15, 2022

While the second wave of Covid-19 hit India harder in 2021 than in 2020, this did not hamper progression in the legal sphere. 2021 saw several notable arbitration-related developments including…

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Namrata Mayur Shah (Rashmikant and Partners) for HK45
Think Arbi: Has Technology Worsened the Conduct of Arbitrations?
December 23, 2021

In the 1970s, when my father left India to study abroad, trunk calls home were rare and expensive, requiring shouting into the phone. In 2020, we have all exasperatedly repeated “You’re on mute” and…

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