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Parimal Kashyap, Nitansha Nema (Dr. Ram Manohar Lohiya National Law University Lucknow)
Painting the Complete Picture: Issues Surrounding Art Arbitration in India
July 01, 2020

The Status of Art Arbitrations in India As per a 2018 report, the Indian art industry is plagued by legal ambiguities, forgeries and lack of transparency, and infrastructural support, making it a…

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Ishaan Madaan
Insolvency and International Arbitration: An Alternate Perspective
June 15, 2020

The COVID-19 pandemic and the ensuing lockdowns have the legal community debating and exploring force majeure. That, however, does not rule out the imminent likelihood of international arbitration…

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Sai Anukaran (Avsai Legal), Niyati Raval
The Negative Affect of Negative Effect of Kompetenz-Kompetenz on International Arbitration: Notes from the Devas v. Antrix Saga
June 09, 2020

The Prolonged saga of enforcement of the ICC commercial arbitration award of 2015 in Devas v. Antrix (ICC Case No. 18051/ CYK of 2011) has not only raised several interesting questions in respect of…

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Anjali Anchayil (JSA, Advocates & Solicitors), Tamoghna Goswami (J. Sagar Associates)
Anti-arbitration Injunctions: Delhi High Court Says Nay
May 17, 2020

In a recent decision, Bina Modi and Ors. v. Lalit Modi and Ors., CS(OS) 84 and 85/2020, a single judge of the Delhi High Court has cast doubt on the jurisdiction of Indian courts to grant injunctions…

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Anjali Anchayil (JSA, Advocates & Solicitors), Ashutosh Kumar (AnchayilKumar) for YIAG
Choice of Seat or Venue: Supreme Court of India Dithers
May 13, 2020

This blog has previously discussed the issue of jurisdiction of Indian courts over foreign-seated arbitrations and the issue of Indian parties choosing a foreign seat of arbitration. However, a more…

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Ashutosh Ray, Kabir A.N. Duggal (Columbia Law School)
Dispute Resolution in the India-Brazil BIT: Symbolism or Systemic Reform?
April 09, 2020

On 25 January 2020, India and Brazil signed an investment agreement  (the “India-Brazil BIT”). As an agreement that has been signed at the dawn of the new decade, it is symbolic for a few reasons.…

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Prabhash Ranjan (Jindal Global Law School)
India-Brazil Bilateral Investment Treaty – A New Template for India?
March 19, 2020

During the recent visit of Brazilian President, Jair Bolsonaro, to India, Brazil and India inked the investment cooperation and facilitation treaty (hereinafter bilateral investment treaty – BIT).…

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Kishan Gupta, Parimal Kashyap (Dr. Ram Manohar Lohiya National Law University Lucknow)
Is A Delegation Clause the Answer to Pre-Arbitral Judicial Interference in India?
March 06, 2020

Most of the contemporary discourses on pre-arbitral judicial interference in India entail the scope of the judicial enquiry required before the constitution of an arbitral tribunal. As it currently…

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Ashutosh Ray, Ketul Hansraj
The Legality of Unequal Arbitrator Appointment Powers in India: The Clarity, the Mist
March 03, 2020

The issue of unilateral appointment of a sole arbitrator by a party has been in the spotlight since the Supreme Court of India’s ("SC") decision in Perkins Eastman Architects DPC & Anr. v. HSCC (…

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Ashish Virmani
Delay and Damages in Construction Contracts: A Report from the 4th SCL-CIArb-India International Conference on Construction Law & Arbitration
February 18, 2020

A 3-day International Conference on Construction Law & Arbitration was held in December 2019 in New Delhi, co-hosted by the Society of Construction Law-India and the Chartered Institute of…

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