top of page

Centre for Alternative Dispute Resolution,
RGNUL, Punjab
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
The Arbitrability of Lease Agreements
Radhika Shukla Introduction The Arbitration and Conciliation (Amendment) Act, 2019 ('the Act') is another one of India’s step towards developing a pro arbitration regime along with an attempt to promote institutional arbitration in India. However, much before this comes the gap that exists in the domestic arbitration regime with regard to arbitrability of lease disputes and the problems posed by conflicting decision in this matter. The determination of arbitrability of disput
Radhika Shukla
Nov 24, 20208 min read
Fundamental Policy of Indian Law and Enforcement of Foreign Arbitral Awards in India
Dr. Ananya Pratap Singh* The expression ‘public policy’ is a ground for resisting both foreign and domestic awards under Section 48(2)(b) and Section 34(2)(b)(ii) of the Arbitration & Conciliation Act, 1996 (‘Indian Arbitration Act’). At the inception of the Indian jurisprudence, public policy in respect of foreign award was interpreted to inter alia include ‘fundamental policy of Indian law’ besides the interests of India and justice or morality. However, later while interpr
Dr. Ananya Pratap Singh
Apr 28, 202011 min read
The CADR Blog
bottom of page