Articles

Introspecting the Scope, Ambit and Impact of Section 29A of the Arbitration and Conciliation Act, 1996 on the Arbitration Landscape in India by Surjendu Sankar Das 

As per Section 29A(5), an application made for seeking extension can be granted by the court only if parties provide ‘sufficient cause’. ‘Sufficient cause’ constitutes as a wide terminology and has not been defined under the Act, leading to interpretation and rulings on a case-to-case basis. This paper seeks to explore the same.

Ethical Conundrums Surrounding Party-Appointed Expert Witnesses In International Arbitrations by Adya Joshi and Ramayni Sood

In recent times, the use of expert witnesses in international arbitrations has garnered significant traction. The fundamental role of these experts is to provide independent and impartial evidence that is of assistance to the arbitral tribunal. A vocal section of the prevailing discourse assumes that since experts always provide an expert opinion in favour of the party that appointed them, it is impossible to expect independence and impartiality from an expert appointed by one of the parties. However, on the other hand, some argue that the appointment of experts is an integral part of a party’s right to present its case and excluding party-appointed witnesses would infringe their right in terms of Article 18 of the UNCITRAL Model Law on International Commercial Arbitration, 1985. Against this backdrop, the discussion surrounding the independence and impartiality of party- appointed expert witnesses has come to the centre stage in the field of international arbitration.

Strengthening the Arbitral Spirit: The Interlocking of Safety with the Cyberspace by Iram Majid

The e-commerce giants have not only dominated in the form of economy, but also captured the legal field through web-click contracts. Web click contracts are the newest systems of standard form of contract. This has led to uneven balance of power, related to the contractual relationships pertaining to rights and obligations of contractual relationships between consumer and e-commerce platforms. There is a compulsion under the garb of easy and accessible online marketplace, as the consumer either has to accept the terms of usage or reject it, which means that it becomes impossible to access such marketplaces. 

Undoubtedly, the internet has been able to successfully supplement the general form of market and allow the consumer to access the market through its own safe and convenient place, but at the same time, the incidents of unfair legal transactions and unaccountability has excessively escalated. The lack of statutory infrastructure to meet the legal needs regarding contractual obligations in this field has led to no definitive place to make actionable claims. The best alternative available is to opt for arbitrations instead of cumbersome traditional court set-ups. 

Now, considering the backdrop of the issue discussed above, it appears that arbitration is available as one of the safest options to raise the legal issues pertaining to web-click contracts, as there are no geographical hindrances involved and can serve the purpose of dispute resolution as per the need of the legal issues involved. At this juncture, it must be noted that web click transactions are multi-faceted, with multiple transactions which leads to parallel proceedings of arbitration and joinder of various parties. This paper will untangle the same. 

Institutional Arbitration in India- Challenges and Way Ahead by Yash Singh

The pendency of matters before different courts in India has been a glaring issue for decades. The same continues to this day , but with the advent of time, many other mechanisms have been resorted to in the form of Alternate Dispute Resolution, which includes Arbitration, Mediation, Conciliation, Negotiation, and Lok Adalats. Arbitration has been the most preferred form of ADR according to a report of the Price Water Coopers, and close to 95% of the respondents chose Arbitration as an effective form of ADR, either standalone or in conjunction with the other forms of ADR. Institutional Arbitration as a facet of arbitration has come a long way in resolving disputes in an amicable and time-efficient manner, with every arbitral institution having its own set of rules and mechanisms. Despite arbitration having such a significant impact in India, Institutional Arbitration as a legal domain has not seen the light of the day in comparison to the culture of arbitral institutions being established in countries like Singapore, the UK, and others, and this sometimes creates hurdles in resolving disputes when arbitral mechanisms such as Ad-Hoc Arbitration fail to bring a favorable settlement between the parties and which in turn, waters down the whole effect of Arbitration. So, this article will deal with the lacunas that Institutional Arbitration is facing in India, the legal stature it has as a domain of ADR, and the key steps stakeholders can take to provide an impetus to this domain of law.

Treaty Claims versus Contractual Claims in Investor-State Disputes – Determining the Jurisdiction in Light of the PEL-Mozambique Case by Raghav Saha and Aditya Murthy 

In Mozambique and Ministry of Transport and Communications v. Patel Engineering Limited, the contract-based International Chamber of Commerce issued an anti- arbitration injunction to stay the treaty-based proceedings of Patel Engineering Limited v. Mozambique under the India-Mozambique BIT and the UNCITRAL Rules. However, such an injunction is unprecedented, as was correctly argued by Mr. Stephen Anway in his dissenting opinion in the ICC proceeding. Further, the ICC Tribunal also violated the Treaty Tribunal’s Kompetenz-Kompetenz principle. This paper shall comment on the abovementioned case.