DISPUTE RESOLUTION
Unpacking the DMRC Case: Key Aspects Explained
This article delves into key aspects of the DMRC case wherein the Apex Court held that restoration of arbitral award led to miscarriage of justice.
April 19, 2024
This article delves into key aspects of the DMRC case wherein the Apex Court held that restoration of arbitral award led to miscarriage of justice.
This article attempts to break down the issues surrounding the impleadment of non-signatories in arbitration proceedings by examining the Delhi HC judgment dated July 24, 2023.
In this article, we give a bird’s eye view of the judgment recently pronounced by the Hon’ble Delhi High Court on Third Party Funding (TPF) and emphasise the need for the regulation of such funding in India.
Online Dispute Resolution (ODR) which is an integration of technology with ADR has the potential to transform the Indian judicial system by being a more efficient and accessible system of dispute resolution.
We analyse the recent decision of the Supreme Court on the enforceability of unstamped arbitration agreements and draw attention to how the majority view does not consider the principle of separability.
The SC has upheld the view that the Court can determine whether or not a dispute is arbitrable by conducting a preliminary inquiry.
Supreme Court, in the case of Babanrao Rajaram Pund v. Samarth Builders & Developers , held that no strait jacket formula can be used to determine the particulars of an arbitration clause.
Read an analysis of the viability and challenges the adoption of arbitration procedures enabled by the blockchain pose in the Indian setup.
Read an analysis of Perkins Eastman Architects DPC and Ors. v. HSCC (India) Ltd; dealing with the legal contention with respect to the appointment of a sole arbitrator by a party.
The arbitration and Conciliation Act, 1996 was implemented to introduce a regime of alternate dispute resolution in the country. However, with enhanced remedial and appellate participation from the judiciary, the idea of ‘alternative’ dispute resolution seems to replicate a façade. This piece intends to establish the true objective of the Act and determine the true meaning of public policy.