Unsigned but Binding: Indian Jurisprudence on Consent to Arbitrate
Indian courts clarify when unsigned arbitration clauses are enforceable—and when permissive language falls short.
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India
Comity or Control? Rethinking Anti-Arbitration Injunctions in Global Arbitration
India’s EPIL decision puts anti-arbitration injunctions back in focus, testing the limits of comity in global arbitration.
AI Adoption in Arbitration Across Asia and the Middle East
AI adoption in arbitration is advancing unevenly across Asia and the Middle East, with hubs like Singapore, China, and the...
Glencore v. Shree Ganesh Metals: Navigating India’s Concerns and Tryst with the New York Convention
India’s Glencore v. Shree Ganesh Metals ruling exposes inconsistencies with the New York Convention and reignites debate over written arbitration...
Confidentiality Takes Primacy
India’s Supreme Court in Kamal Gupta v. L.R. Builders upholds arbitration confidentiality, barring non-signatories from observing proceedings post-2019 amendment.
MCIA and Jus Mundi Sign Exclusive Partnership to Promote Global Access to Indian Arbitration
MCIA and Jus Mundi partner to expand global access to Indian arbitration, promoting transparency with open access to awards and...
May or Nay? Interpreting “May” in Arbitration Clauses
Exploring how courts interpret “may” in arbitration clauses—India vs global views—and why precise drafting matters to avoid disputes.
The Powers of Arbitral Tribunal to Implead Non-Signatories in India: Judicial Trend
Judicial evolution in India affirms tribunal autonomy to implead non-signatories, but the Arbitration Amendment Bill 2024 leaves statutory recognition absent.
Has the Indian Supreme Court Allowed Modifications to Awards Barred by the Arbitration Act?
India’s Supreme Court in Gayatri sparks debate by allowing limited award modifications under Sections 34 & 37, raising arbitral autonomy...
Why The Minority View Got It Right In Gayatri Balasamy
Gayatri Balasamy dissent warns against judicial overreach in arbitration, affirming that award modification undermines party autonomy and international enforceability.
Carve-out of Arbitration Claims from Moratoriums in Restructuring Proceedings
Examining the clash between arbitration and insolvency in restructuring: lessons from Singapore, India, and the UK on carve-outs and creditor...
Judicial Review of Arbitral Awards in India: A Second Look or Second-Guessing?
India’s evolving arbitration regime sparks debate: is judicial review a safeguard or overreach? This article analyzes key caselaw and proposed...
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