Pre-Arbitral Procedures: To be mandatory or not?
This article has been authored by Ritwik Sharma & Ishani Chakraborty, 3rd year law students at Rajiv Gandhi National University of Law, Patiala. Introduction Multi-tiered dispute resolution clauses (“MDR”) require parties to fulfill mandatory pre-adjudicatory requirements before the commencement of arbitral proceedings. So far, Indian courts have generally upheld a pro-arbitration stance, treating such pre-arbitral steps […]
Navigating the Third-Party Funding Conundrum: A Regulatory Blueprint [Part-2]
This article has been authored by Arnav Roy & Harshil Shriwas, 3rd year law students at National Law University, Delhi. Read Part-1 of this piece here. Need for Regulation and the Indian scenario The regulatory models across jurisdictions initiate a debate over the extent of regulation other than the regulatory model to be adopted. This […]
Navigating the Third-Party Funding Conundrum: A Regulatory Blueprint [Part-1]
This article has been authored by Arnav Roy & Harshil Shriwas, 3rd year law students at National Law University, Delhi. Introduction Third-Party Funding (TPF) refers to the practice where an external financier covers the legal expenses of a disputant in arbitration without being directly involved in the dispute. This financial assistance might include covering the […]
Demystification of Arbitration Apparatus of WTO Disputes
This article has been authored by Ashutosh Kumar Singh, Associate at Adhrit Legal, Noida Abstract The paper illustrates the significance of arbitration in adjudicating the WTO disputes between the states.
Solving Disputes the Smart Way: Evaluating SEBI’s ODR Policy
This article has been authored by Saumya Rajpal & Vihaan Acharya, 3rd year law students at Himachal Pradesh National Law University, Shimla. In a circular dated August 31, 2023, SEBI promulgated the Online Dispute Resolution policy. It was a considerable step towards aligning the Alternative Dispute Resolution (ADR) frameworks to the complexities of the securities […]
Arbitration: A Viable Solution for Antitrust Disputes
This article has been authored by Aayushi Singh & Pavitra Dubey, 5th Year law students at Rajiv Gandhi National University of Law, Patiala. Introduction In accordance with Section 7 of the Arbitration and Conciliation Act, 1996, arbitration is a method by which neutral third-party endeavours to find a resolution for disputes between two parties by […]
Scope of Arbitration in Metaverse
This article has been authored by Shubham Sharma & Yashila Bansal, 2nd Year, B.B.A., LL.B. (Hons.) students at Chanakya National Law University, Patna. Introduction The words cryptocurrency, NFTs, blockchain, metaverse, Web 3.0, digital assets, and virtual properties have become an inalienable part of our daily lives. We frequently hear about them on social media and […]
Arbitration in the Realm of Sports in India: An Analysis
This article has been authored by Aaditya Bajpai, a 3rd Year, B.A., LL.B. (Hons. In Adjudication and Justicing) student at Maharashtra National Law University, Nagpur. Introduction The athletic history of India has been nourished by many significant events. Ranging from the “Mohenjo Daro” era to the Mughal Sultanate and then in the Colonial Era as […]
Examining the Convergence of Arbitration and Insolvency in India
This article has been authored by Abhay Gupta, a 3rd Year, BA., LLB. student at National Law University, Odisha.