Topic wise Article-Arbitration

Website Domain Name Dispute Resolution Mechanism through Arbitration under Uniform Domain-Name Dispute-Resolution Policy (UDRP) and .IN Domain Name Dispute Resolution Policy (INDRP)

Arbitration Process in case of Domain Name disputes The globally operating, domain name registration system is governed by Internet Corporation […]

Website Domain Name Dispute Resolution Mechanism through Arbitration under Uniform Domain-Name Dispute-Resolution Policy (UDRP) and .IN Domain Name Dispute Resolution Policy (INDRP) Read Post »

Navigating Legal Complexities: Cross-Border Insolvency in Enterprise Groups – Sanya Arora

Although current cross-border insolvency frameworks implicitly address the considerations, there is room for further development to provide clearer and more comprehensive solutions. However, such developments also pose the risk of introducing a one-size-fits-all solution or unduly prioritizing solutions based solely on cooperation or minimal coordination between multiple proceedings. It is hoped that pragmatic optimal approaches will continue to prevail, even if the frameworks end up appearing restrictive to group solutions by emphasizing cooperation and coordination.

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Harmony in the Neighbourhood: The Power of Community Mediation – By Shubhangi Gupta

Even in the present day, there are still many litigants who are either ignorant about the alternatives to litigation or have doubts about their efficacy and legitimacy. Due to their inability to dispel these misconceptions and ardently support such alternatives, lawyers—who serve as the intermediary between conflicting parties and the judiciary—have discouraged parties from choosing them. But there is still optimism because India has been progressing well over the past few years. Community mediation clinics, which have grown in popularity due to the practical solutions being developed and the high level of justice they offer, were introduced by the Indian Institute of Arbitration & Mediation in 2009 as a less expensive alternative to litigation.

Comparably, the state of Kerala has launched the Community Mediation Volunteer Program to help with the mounting backlog of cases. This approach has proven successful in one city and is now being reproduced in other Keralan cities. These instances demonstrate the potential for growth and the beneficial changes that community mediation may bring about when it is welcomed with open arms.

Harmony in the Neighbourhood: The Power of Community Mediation – By Shubhangi Gupta Read Post »

Operational Debt or Financial Debt? A Discussion on the Position of Arbitral Awards Under the Insolvency & Bankruptcy Code, 2016 – By Vibhor Goel

Once the arbitral proceedings conclude, an arbitral award will be passed awarding either one of the parties a monetary compensation. In a situation where the other party fails to pay such amount, a question arises as to what the nature of this amount awarded under an arbitral award be? Will it be categorized as a financial debt or an operational debt?

Operational Debt or Financial Debt? A Discussion on the Position of Arbitral Awards Under the Insolvency & Bankruptcy Code, 2016 – By Vibhor Goel Read Post »

Courts and Mediation – Schemes and Cases – By Shivangi Gupta

The judiciary’s importance in the mediation process cannot be overemphasised.[1] Mediation is referred to by judges. They issue directives that uphold mediation settlements. They establish and manage mediation programmes attached to courts. Their support of the procedure as an authentic and desirable means of resolving disputes is essential to the public’s acceptance of it.

When disagreements emerge that the parties are unable to resolve amicably, the court is regarded as the place to turn in nations with well-established legal systems. This is especially true in areas where native systems of amicable settlement have disappeared. Therefore, when mediation bears the court’s endorsement, litigants and the general public are more inclined to embrace it. This kind of endorsement occurs when the court refers cases to mediation, or operates its own mediation schemes, and when senior judges speak positively about the process and its advantages.

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Revisiting the ‘Commercial’ Status of Employment Disputes in International Commercial Arbitration – Tazeen Ahmed

In conclusion, the realm of international commercial arbitration presents a complex interplay among the expansive interpretation of the term “commercial”, the specific delineation of what falls within its purview and what is excluded as non-arbitrable. While the judiciary in various States have generally leaned towards a broad interpretation of “commercial” matters, a more restrictive interpretation has been adopted in relation to employment disputes. In other words, the jurisprudence surrounding international commercial arbitration is embroiled in a tension between inclusivity and restriction, particularly concerning labour or employment disputes. While employment contracts may inherently involve commercial elements, such as the exchange of services for remuneration, courts have often hesitated to categorize them as purely commercial in nature. Instead, they have recognized the unique nature of employment relationships and the potential implications for labour rights and public policy.  Thus, it is certain that while certain disputes arising from employment agreements may indeed be arbitrable, particularly those concerning breaches of contract or internal company policies, matters affecting broader public interest or collective labour rights or class action tend to fall outside the scope of international commercial arbitration. Still, there is a impending need for more clarity on inclusion of international employment disputes within the framework of International Commercial Arbitration. Given that Arbitration is a vital tool for resolving disputes swiftly and amicably in international commerce, it is imperative to continue refining its applicability to ensure equitable outcomes for all parties involved.

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Navigating the Legal Landscape: Clarifying the Group of Companies Doctrine in Indian Arbitration Law – By Kumari Nivedita

The judgement delivered by the Constitution Bench headed by the Hon’ble Chief Justice of India DY Chandrachud in Cox and Kings Ltd. v. SAP India Private Ltd. & Anr.,(2023) ibclaw.in 151 SC is a significant milestone that has cleared the ambiguity surrounding the application of the Group of Companies doctrine in Indian Arbitration. The Group of Companies doctrine envisages that non-signatory affiliated companies may be bound by an arbitration agreement signed by members of the group, if the circumstances indicate a mutual intent to bind such non-signatories. This doctrine has been under challenge on the ground that it interferes with established legal principle such as Party Autonomy, Privity of Contract and separate Legal Personality.

Navigating the Legal Landscape: Clarifying the Group of Companies Doctrine in Indian Arbitration Law – By Kumari Nivedita Read Post »

Arbitral Intricacies: Navigating Validity in Litigation Strategy and Stamp Duty Dilemmas – By Yuvraj Sharma

The author examines the two distinct issue firstly, about the legal position regarding the impact of stamp duty nonpayment on the arbitration clause. It will examine the Supreme Court’s change in stance from one that supported judicial intervention to one that supported arbitration. Secondly, this article examines the Indian judiciary’s position on a legal matter, with a particular emphasis on the recent ruling by the Supreme Court and its effects on the arbitration market in India. It also looks at things from a global viewpoint and makes recommendations for the Indian judiciary’s next moves.

Arbitral Intricacies: Navigating Validity in Litigation Strategy and Stamp Duty Dilemmas – By Yuvraj Sharma Read Post »

2023 in Review: 20 Key Judicial Pronouncements on Arbitration Law – By Mr. Sahil Narang along with Mr. Dhritiman Roy and Mr. Ausaf Ayyub

This compilation not only serves as a testament to the dynamic nature of arbitration law but also underscores the judiciary’s commitment to fostering a robust and progressive dispute resolution mechanism in the country. Through meticulous examination and contextualization, we aim to unravel the critical insights encapsulated in these judgments, providing a comprehensive overview of the groundbreaking developments that unfolded in the realm of arbitration during the transformative year of 2023.

2023 in Review: 20 Key Judicial Pronouncements on Arbitration Law – By Mr. Sahil Narang along with Mr. Dhritiman Roy and Mr. Ausaf Ayyub Read Post »

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