CCI can now hire agencies to monitor compliances, tweaks condentiality regime

One of the most celebrated features of arbitration is party autonomy—the freedom of parties to determine how their disputes should be resolved, including who will resolve them. But a critical question remains unresolved in the minds of many arbitration practitioners: Can a party, after agreeing to institutional arbitration, later assert an unrestricted right to appoint an arbitrator of its own […]

Introduction  This viewpoint was initially reinforced in cases like Agarwal Coal Corporation Private Ltd vs Sun Paper Mill1 and Rajendra Mulchand Varma Director of Omkar relators & Development Pvt. Ltd vs. K.L.J Resources Ltd2, where the NCLAT maintained that without specific legislative power, it could not recall a judgment. However, a five-member bench of the NCLAT in Union Bank of […]

Introduction  Navigating the intricate landscape of judicial remedies can often feel like a complex puzzle. Imagine a litigant, after exhausting their options in one legal avenue, discovers that the correct path was a completely different one all along. Does the law offer a way to correct this procedural misstep, or does it leave them to face the consequences of their […]