Alvin Sam * and  Hari Keshav Manohar ** INTRODUCTION Arbitration clauses in power supply contracts often come under scrutiny ..read more

Vidushi Dubey * INTRODUCTION India's evolving regulatory landscape recently witnessed a significant change with the introduction of the ..read more

Animesh Chaturvedi * INTRODUCTION TO THE FIXED PRICE MECHANISM The Securities and Exchange Board of India (Delisting of Equity Shares ..read more

Tirth Purani * and Ananya Sinha ** INTRODUCTION Over the last few years, multiple unauthorised digital loan service providers have ..read more

Aayush Ambasht * , Param Kailash ** and Sudiksha Moorthi *** INTRODUCTION AND BACKGROUND With the ideation of the Gujarat International ..read more

,Priyanka Desai* The International Monetary Fund (IMF) has predicted that India is all set to become the fastest growing major economyin 2023. An effective and robust arbitration framework within India is hence all the more important. For the most part, India continues to opt for ad-hoc arbitrations over institutional arbitrations. This is perhaps owing to the allure of higher flexibility in the arbitration process and saving of costs payable to the arbitral institution. The parties that do opt for institutional arbitrations typically select older institutions such as the Singapore Internation ..read more

,Rohit Dalai* This post is in continuation of the last post (Part 1 - https://www.arbitrationcorporatelawreview.com/post/termination-of-an-arbitrator-s-mandate-on-failure-to-issue-an-award-in-a-time-bound-manner-fair-or) . SECTION 29A: OPENING UP A PANDORA’S BOX The termination of the arbitrator’s mandate by statutory prescription in the form of Section 29A seems to have unfair consequences in certain circumstances. This unfairness arises from the interaction between the one-size-fits-all mandatory limit under Section 29A and the associated deprivation of the volition of parties to decide a ti ..read more

Garima Dhankar(*) PUTTING THE “PATENT ILLEGALITY” SAGA TO REST Several grounds for setting aside an arbitral award are enumerated in Section 34 of the A&C Act, Public Policy being one of them. Supreme Court categorized the meaning of public policy in Renusagar Power Co. v. General Electric Co. into three heads namely (i) fundamental policy of Indian law, (ii) the interests of India, or (iii) justice or morality. The 2015 amendment vested the court with the power to vacate an award based on “patent illegality”. This ground is roughly equivalent to “justice and morality”, which is a subset o ..read more

Garima Dhankar (*) Introduction The Arbitration and Conciliation Act, 1996 (“Arbitration Act”) was enacted on August 16, 1996. Over these 26 years, India’s arbitral framework has shown tremendous progress, effectively contributing to the enhancement of the nation’s landscape of dispute resolution. Simultaneously, India has adeptly nurtured its growth as a rapidly progressing economic force, solidifying its role as a significant participant in international trade and commerce. Given these emerging circumstances, it becomes imperative that our arbitration regime not only continues to cater to th ..read more

Avantika Tiwari (*) Introduction In both common parlance and the context of antitrust or competition law, ‘gun jumping’ alludes to acting prematurely. Particularly, it is the commencement of actions in furtherance of combination transactions between the parties involved, without the approval of the Competition Commission of India (“CCI”). Under the Competition Act, 2002, gun jumping as an offence has not been explicitly defined. Nevertheless, the definition of ‘combination’ read in conjunction with the powers accorded to the CCI for penalizing parties that jump the gun shed a considerable amou ..read more