Articles

Have You Ever-Given Thought to Maritime Arbitrations? by Ashwin Shanker

Maritime Arbitrations are not unique. The difference lies in the institutions that administer the arbitrations, the arbitrators and the parties involved. Institutions like the London Maritime Arbitrators Association (LMAA) or the Singapore Chamber of Maritime Arbitration (SCMA) cater to the field of Maritime Arbitration. These institutions have a specialized pool of Arbitrators possessing expertise from the technical, commercial and legal aspects of shipping. What is most interesting about Maritime Arbitration is the variety of disputes that arise thar this article discusses.  

Introduction of Counterclaim or Set-Off In Proceedings for the Enforcement of an Arbitral Award Under the New York Convention,1958 by Mohit Pandey

Although arbitration as a method of resolving a dispute is ancient, it can easily be assumed that it received true universal recognition only in the nineteenth century. The emergence of the New York Convention, 1958,1 brought various jurisdictions on one stage with the essence of accepting and enforcing awards passed in foreign states. The idea is based on reciprocity and mutual recognition of legal proceedings. The Convention provides for international legislative standards for the recognition of arbitration agreements and the recognition and enforcement of arbitral awards in almost all parts of the world that the article sets out to explore.

Determining the Scope of S. 34(4) of Arbitration and Conciliation Act,1996: A Critical Analysis by Rishabh Shukla And Srishty Anand

The Supreme Court in the recent judgment of I-pay Clearing Services Private Limited v ICICI Bank Limited has concluded that there is no obligation on the Court under Section 34(4) of
the Arbitration and Conciliation Act to remit a particular matter to the arbitral
tribunal. Further, it is a discretion on the part of the Court to determine whether it would be
befitting to remit the matter to the arbitral tribunal in order to provide an opportunity to the
arbitrator to delineate he grounds for setting the aside the arbitral award. This article seeks to analyse the current legal scenario with respect to the same. 

Scope for Forced Joinder of Third Parties in International Arbitration Without Resorting to the Group of Companies Doctrine by A. Rangarajan

The specific question that this paper would like to examine is, if third-parties to an arbitration agreement can be forced to participate in the arbitration proceeding. Their participation would be by virtue of their importance to the proceedings in a substantive manner, and not as a signatory to the arbitration agreement. The article explores the question of whether the scope of a bilateral arbitration agreement can be expanded to include a third-party.

Future of Arbitration in Environmental Disputes in India: NGT v. Party Autonomy? by Sneha Rath

By declaring the need to advert to the ‘Seventh Generation’ sustainability principle (also called the ‘Great Law of the Iroquois’- “which requires all decision making to withstand for the benefit of seven generations down the line”), the Supreme Court in its landmark decision, Municipal Corporation of Greater Bombay v. Ankita Sinha and Others has confirmed: the nature of ecological imbalance at present will have an egregious impact on the communities, the NGT being a social-centric forum cannot be a mute spectator and has the responsibility to arrest irreparable environmental damages, and thus, the NGT is well-within the contours of its statutory powers when taking suo moto cognizance of environmental exigencies.

Comparing Statutory Arbitration in India- Analysis in the Light of Silpi Industries Case by Soumya S And Sanigdh Budhia

This article examines conflicting judgements regarding the conflict between the Arbitration Act and the Micro, Small and Medium Enterprises Development Act, 2006  issue and how the Silpi Industries judgement finally clarifies the position regarding the same.

Investor-State Dispute Settlement: A New Forefront for the Fight Against Climate-Change by Haritima Kavia and Harshit Upadhyay 

The authors aim to look at the possible market shifts heralded in recent cases and suggest consistent and long-term policy instruments that can enable environmental conservation, while fostering foreign investment. The article also explores the Indian Investment Treaty regime and the ISDS claims brought against India pertaining to climate change.