Seat vs Venue of Arbitration: Vishwanathan Committee resolves the long standing debate and paves the way for ODR

Seat vs Venue of Arbitration: Vishwanathan Committee resolves the long standing debate and paves the way for ODR

Introduction In the constantly evolving landscape of dispute resolution, the arbitration process has stood out as a preferred method for its efficiency, confidentiality, and binding nature. However, the Arbitration and Conciliation Act, 1996, which has been the cornerstone of arbitration proceedings in India, has not been without its ambiguities and…
Enforceability of Interim Reliefs Granted by Arbitral Tribunals: A Legal Analysis

Enforceability of Interim Reliefs Granted by Arbitral Tribunals: A Legal Analysis

Introduction Section 17 of the Arbitration and Conciliation Act, 1996 (The “Act”), plays a pivotal role in strengthening the independent functionality of the arbitration ecosystem in India. The provision empowers the arbitral tribunal to issue interim measures, ensuring the preservation of subject matter, procedural adherence, and effective enforcement of arbitral…
Feedback & Ratings for Dispute Resolution Professionals: Enhancing Dispute Resolution Excellence

Feedback & Ratings for Dispute Resolution Professionals: Enhancing Dispute Resolution Excellence

Arbitrators & Conciliators or Dispute Resolution Professionals (DRPs) are the backbone of the dispute resolution sector, especially in the newly emerging Online Dispute Resolution (ODR) space. The ODR industry is characterised by high levels of transparency and efficiency in dispute resolution and DRPs are expected to demonstrate several skillsets to…
Arbitral Award passed by Unilaterally Appointed Arbitrator cannot be Challenged later if Previously Uncontested – Delhi High Court

Arbitral Award passed by Unilaterally Appointed Arbitrator cannot be Challenged later if Previously Uncontested – Delhi High Court

Introduction The Delhi High Court, in the case of Arjun Mall Retail Holdings Pvt Ltd v. Gunocen Inc [FAO (COMM) 31/2021 & CM APPL. 5051/2021] [Arjun Mall Case], held that if any party fails to challenge the unilateral appointment of the arbitrator(s) at an earlier stage, then such party cannot challenge the…
Non-Signatories in Arbitration Agreements | Supreme Court’s recent take on Group of Companies Doctrine

Non-Signatories in Arbitration Agreements | Supreme Court’s recent take on Group of Companies Doctrine

Introduction On December 6, 2023, a five-judge bench (Constitution Bench) of the Supreme Court, in the case Cox & Kings Ltd. v. SAP India Pvt. Ltd., (ARBIT. PETITION № 38/2020) (Cox & Kings Case) held that an arbitration agreement can bind non-signatories and acknowledged the incorporation of the Group of Companies Doctrine…
Manual Legal Documentation: A Paper Chase in the Digital Age (and How AI is Leading the Way Out, and helping ODR)

Manual Legal Documentation: A Paper Chase in the Digital Age (and How AI is Leading the Way Out, and helping ODR)

The legal world thrives on precision and clarity. Every contract, every clause, every comma carries weight, shaping destinies and defining rights. Yet, the backbone of this intricate system — legal documentation — often remains shrouded in the analog shadows of the past. Mountains of paper and a labyrinthine process of…
Attributes of an Effective Conciliator

Attributes of an Effective Conciliator

Introduction Conciliation is a form of Alternative Dispute Resolution (ADR) Mechanism where a neutral third party, know as the conciliator, assists the disputing parties to reach a mutually acceptable resolution. In the process of conciliation, two key requirements emerge: Firstly, a genuine commitment from the involved parties to resolve the…