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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
Contractual Reinterpretation in Arbitration: Konkan Railway v. Chenab Bridge Perspective
Nandika Seth, Himanshu Gupta Though courts under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 are not empowered to reinterpret contractual provisions, they often overarch their jurisdiction and provide an alternate relief. The article analyses the Konkan Railway Corporation Limited v. Chenab Bridge Project Undertaking whereby the Supreme Court demarcated the confines of the court to reinterpret the contract if an alternate view is possible. It further exa
Nandika Seth and Himanshu Gupta
Nov 19, 20237 min read
Seat vs. Exclusive Jurisdiction: A Tale of Three Cities?
Meenal Garg, Shubham Sharma Introduction Territorial jurisdiction in traditional courtroom litigation is governed by provisions of the Civil Procedure Code, 1908 ('CPC'). Sections 15-20 of the CPC provide for multiple situses for filing a dispute. This causes uncertainty as either party could file a suit in a jurisdiction that is most convenient to it in the event of a dispute. Therefore, to avoid this uncertainty, the concept of exclusive jurisdiction clauses was evolved. To
Meenal Garg & Shubham Sharma
Jul 21, 20218 min read
A Case for The Arbitrability of Debt Recovery Disputes
Saikishan B Rathore Introduction Owing to the unprecedented effect of the global pandemic, debt recovery has proven to be a herculean task. The interests of both the parties are at stake in this process. By delaying repayment of loans, the interests of lenders as well as the collection agencies which solely depend on the lenders for recovery assignments are adversely affected. On the other hand, compelling the borrower to repay the loan in addition to the attributed interest
Saikishan B Rathore
Apr 21, 20215 min read
The Scope of Arbitrability of IPR Disputes in India
Kavya Arora, Aryaman Kaushik Introduction Gradually over the years, the Arbitration and Conciliation Act, 1996 ('1996 Act') has developed substantially, which has resulted in less interference by the courts. It has provided for a friendlier and independent body, which lays down its effective rules and regulations. Because of this, the methods of alternative dispute resolution have gained much popularity in the commercial and the business sectors. Most of the parties associate
Kavya Arora and Aryaman Kaushik
Feb 26, 20218 min read
Can Indian Parties Arbitrate on a Foreign Seat?
Aman Kumar Yadav, Arjun Chakladar Introduction The Gujarat High Court in the landmark case of GE Power Conversion Pvt. Ltd. v. PASL Wind Solutions Pvt. Ltd. held that Indian parties are entitled to choose a seat of arbitration outside India as a foreign or neutral seat and such an agreement is not in violation of public policy of India. The Gujarat High Court's ruling in the present case, has been hailed as a “pro-arbitration ruling”, by allowing two domestic entities the rig
Aman Kumar Yadav, Arjun Chakladar
Feb 24, 20219 min read
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