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Centre for Alternative Dispute Resolution,
RGNUL, Punjab
The Architecture of Urgency: Re-Examining Interim Relief Under Section 9 of the A&C Act, 1996
Ayush Srivastava, Himani Khullar* This article re-examines interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, post-2015 amendments. It analyses judicial thresholds for “inefficacious” tribunal remedies, the consequences of non-compliance with the 90-day mandate, and procedural tensions between Sections 9, 17, and 37. It critiques emerging jurisprudence, including recourse to Article 227, and evaluates proposed reforms signalling a shift towards arbi
Ayush Srivastava & Himani Khullar
Apr 2410 min read
Revisiting The Public Arbitrability of Private Family Disputes: The Good, The Bad, And The Ugly
Anshul Dalmia* Disputes concerning the consequences of a relationship breakdown have always been considered personal private matters which prevent the State from legitimately interfering either in the process or place of dispute-resolution. The only ground through which the State could intervene with the substantive outcome was that there are exceptional cases wherein the parties are vulnerable and warrant protection. In this piece, the author argues that opting for arbitrati
Anshul Dalmia
Feb 288 min read
Understanding Mutual Co-operation as the Ultimate Contractual Remedy in Commercial Contracts through Game Theory and Network Effects
Ramya Singh* Introduction Contracts are legally enforceable promises with considerations of efficiency in the commercial realm, and disputes arise when such promises are breached. In the event of a contractual breach, contractual remedies are viewed as static entitlements to ensure protection of rights and become the final trade-offs for dispute resolution in commercial contracts. However, while enforcing such contractual remedies, parties often lose sight of the primary obje
Ramya Singh
Jan 305 min read
Beyond Legislation: Mediation As A Justice Paradigm, Not A Procedural Fix
Gokul Narayan, Namah Bose This article argues that mediation in India must evolve from a court-annexed procedural tool into an independent justice paradigm. Despite legislative support, structural gaps in implementation, institutional design, and training persist. Drawing on comparative practices and domestic data, it contends that embedding mediation contractually and strengthening legal education are essential. The paper advances a normative shift from efficiency-driven ref
Gokul Narayan & Namah Bose
Dec 25, 20256 min read
Party Autonomy & Public Policy Vis-À-Vis Indian Parties Choosing a Foreign Seat of Arbitration
Tariq Khan, Nakashvir Singh Aulakh Introduction Party autonomy is the single most important aspect of arbitration. It is the fact that the parties can choose the mode, medium, and governing law which makes arbitration the most preferred form of dispute resolution mechanism in recent years. The Supreme Court of India, time and again, has upheld party autonomy in arbitration and has even called it to be the backbone of arbitration. However, there have been various conflicting
Tariq Khan & Nakashvir Singh Aulakh
Jun 8, 20216 min read
ONGC Petro Additions v. Fernas Construction: Clarifying the Retrospective Reach of Section 29A
Tushar Behl, Ankit Singh* The inclusion of Section 26 by way of amendments to the Indian Arbitration and Conciliation Act ('Act'), in the year 2015 cleared the air concerning the debate of retrospectivity by providing, that the amendment would not apply to arbitration proceedings commenced before 23 October 2015. Another noteworthy provision was Section 29A, which was inserted to address the malady of never-ending adjudication that had troubled the majority of arbitration pr
Tushar Behl & Ankit Singh
Dec 11, 20208 min read
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