Resolving The Unresolved: A Transformative Approach Inviting India’s Focus To Mediation

“An ounce of mediation is worth a pound of arbitration and a ton of litigation!” ­– Joseph Grynbaum The Ministry of Law and Justice on November 5th 2021 released the Draft Mediation Bill, 2021[1] (”Bill”) and invited public comments and consultation. The Draft Bill lays down several objectives including promotion, encouragement and facilitation of mediation […]

Does The Restoration Of An Appeal Filed Under Section 37 Of The Arbitration & Conciliation Act (1996) Constitute A Pre-Existing Dispute Under The IBC?

In M/S Jai Balaji Industries Vs. D. K. Mohanty & Anr., 2021, the Operational Creditor (OC) filed an appeal before the Supreme Court under Section 62 of Insolvency and Bankruptcy Code, 2016, (Code) against the order passed by National Company Law Appellate Tribunal, (NCLAT). NCLAT held that the Operational Debt claimed by the OC was not free from pre-existing dispute and subsequently set […]

Enforceability Of Emergency Arbitration Award Under Indian Law

Emergency arbitration is a concept that allows a party to apply for urgent temporary relief before an arbitration tribunal has been officially established. Simply put, emergency arbitration is a time-bound and short-term solution for parties that are not in a position to wait for the formation of the arbitral tribunal. Any emergency relief granted takes […]

Impact of Covid-19 on Arbitration Proceedings in India

Impact of COVID 19 Outbreak on Arbitration Proceedings The world is reeling under the impact of Covid-19, a global pandemic that has caused lockdowns in many countries. With the outbreak showing no signs of abating, the worldwide disruption in all facets of life seems set to continue. The legal system of India is no exception […]