Kishlaya Pal Introduction Arbitration agreements are essentially contracts and thus are governed by the principles of contract law. [1] One such principle which finds its application in various facets of arbitration is repudiatory breach. Repudiatory breach or fundamental breach occurs when prior to the performance or during the performance, a party to the contract expressly or impliedly makes it clear that it does not want to fulfil the contract and that he will no longer be

Sahsransh Pandey, Urmi Shah In a country that still strives to recover from the disruptions and economic hardships plagued by the pandemic, it is of great importance to address the need for Third Party Funding (‘TPF’) under Indian Arbitration. The Arbitration & Conciliation Act 1996 (‘A&C Act’) was brought to resolve disputes efficiently and cost-effectively, while also attributing importance to party autonomy. However, the arbitration proceedings still involve huge costs, w

Mathanki Narayanan Sections 34 and 48 of the Arbitration and Conciliation Act, 1996 provide for applications for the setting aside of arbitral awards and conditions for enforcement of foreign awards respectively; one of the grounds (for challenging the award or its enforcement) mentioned in both sections is that of public policy. The views of the Indian judiciary on the public policy exception have typically oscillated from a narrow interpretation to a broad one. Many cases s

Aryan Pandey Introduction The admissibility of documents in arbitration differs from court proceedings as it is not governed by the Indian Evidence Act, 1872 or the Code of Civil Procedure, 1908. The arbitral tribunal has the discretion, based on the principle of Kompetenz-Kompetenz, to determine the rules of admissibility for any material presented before it. On 11th January 2021, the Supreme Court encountered a case, N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd

Aditi, Hrishabh Khatwani Introduction Parties frequently enter into multiple agreements with respect to the same transaction. Such parties may enter into some sort of an umbrella agreement which sets out the general terms of performance of obligations between the parties and also subsequent agreements which lay down the specific details of the performance. These subsequent agreements commonly take the form of purchase orders issued under general agreements or hire agreements

Ayush Bajpai The challenge surrounding the appointment of an arbitrator after the 2015 amendment has several conundrums, as whether on the ground of bias/impartiality the appointment can only be challenged before the tribunal or it can also be challenged before the court under section 14 as a de-jure ineligibility. Even though as of now HRD Corporation is considered as the settled law on the subject, however, the current conundrum is yet to be resolved. The author tries to lu