Masters of Procedure: Judicial Restraint and the Resilience of the Arbitral Tribunal Under Sections 5 and 19
Introduction In the dynamic landscape of commercial disputes, a critical question often arises: Can a
The Art of Severance: How Courts Edit Arbitral Awards to Uphold Justice and Limit Partner Risk
Introduction Could the financial troubles of a company force its partners to personally empty their
The Unmerged Claim: How Non-Adjudication Preserves the Right to Statutory Interest in Arbitration proceedings
Introduction When an arbitral tribunal is silent on the rate of interest payable after the
The Power of Consolidation: Why One Arbitration Award Can Settle Many Disputes
Introduction Is a single challenge permissible when a party successfully weaves together multiple distinct legal
The Tug-of-War Between Technicality and Reality: Redefining the Commencement of Arbitration
Introduction How far can a court stretch the principle of ‘substance over form’ when it
From Award to Decree: A Deep Dive into the Enforcement of New York Convention Awards in India
Introduction In the complex tapestry of international commercial law, the enforcement of a foreign arbitral
The Verdict on Delay: Unpacking the Jurisprudence of Counterclaims in Arbitration
Introduction A core tenet of any legal or dispute resolution process is the principle of
An Analysis of Interim Measures, Restrictive Covenants, and the Doctrine of Contractual Subsistence
Introduction Imagine a business partnership governed by a Shareholders’ Agreement (SHA). One partner decides to
When is an Arbitrator’s Mandate Truly Over? A Deep Dive into Section 33 of the ACA
Introduction In a significant judgement in Nayeem Noor Mohamed & Anr. V. Nazim Noor Mohamed1
Beyond the Referral Court: Deconstructing the Arbitrator’s Authority on Party Joinder and Clause Incorporation
Introduction In the intricate landscape of contract law and dispute resolution, a recurring challenge arises: