Arbitration Law

Third-party funding (TPF) in arbitration refers to the financial support provided by a third-party entity to a party involved in arbitration proceedings. The third-party funder typically provides financial resources to cover the costs associated with the arbitration process, including legal fees, administrative costs, and other expenses.  In exchange for their investment, the funder typically receives […]

Investment Treaty Arbitration (ITA) refers to the process where disputes between foreign investors and sovereign states are resolved through arbitration rather than through the domestic courts of the host state.  ITA typically arises under the framework of Bilateral Investment Treaties (BITs), Free Trade Agreements (FTAs), or multilateral treaties like the Energy Charter Treaty (ECT), which

Anti-arbitration injunctions are court orders that seek to restrain a party from initiating or continuing arbitration proceedings. These injunctions can be issued by national courts in various jurisdictions and are often invoked when a party believes that arbitration is inappropriate, either due to a lack of jurisdiction or another legal principle that prevents the arbitration

The principle of res-judicata plays an important role in ensuring the finality of judicial proceedings and preventing the re-litigation of issues that have already been decided. Traditionally applied in court judgments, res judicata has also been extended to the field of arbitration to uphold the integrity and finality of arbitral awards.  Arbitration, as a mechanism

Arbitration is increasingly recognized as a preferred mode of dispute resolution in India due to its efficiency, flexibility, and ability to provide tailored remedies. The Arbitration and Conciliation Act, 1996 outlines several remedies and reliefs available to parties, ensuring that justice is served effectively.  This article explores the legal framework, types of remedies, key provisions,

The Arbitration and Conciliation Act, 1996, as amended in 2015 and subsequent years, brought significant changes to India’s arbitration landscape. Section 87, introduced by the Arbitration and Conciliation (Amendment) Act, 2019, addresses the applicability of amendments made to the Act concerning arbitral and court proceedings initiated before October 23, 2015. This provision seeks to provide

The Arbitration and Conciliation Act, 1996, represents a significant legislative effort to modernize India’s arbitration framework and align it with global standards.  Section 86 of the Act addresses the repeal of the Arbitration and Conciliation (Third) Ordinance, 1996, and provides saving provisions to ensure continuity and safeguard the legal framework during the legislative transition. This

Section 85 of the Arbitration and Conciliation Act, 1996, addresses the legal transitions and continuity between the old and new arbitration frameworks in India. This section deals with the repeal of earlier laws related to arbitration and ensures that no rights or legal obligations are lost in the transition.  Section 85, thus, plays an essential

Section 84 of the Arbitration and Conciliation Act, 1996, grants the Central Government the authority to make rules to effectively implement the provisions of the Act. These rules provide the framework for the functioning of the arbitration and conciliation processes, helping to facilitate smoother and more efficient dispute resolution.  The rules formulated under this section

Section 83 of the Arbitration and Conciliation Act, 1996 provides the central government with the power to remove difficulties arising in the implementation of the Act. This provision ensures that any issues or challenges encountered in the execution of the Act can be addressed by the government through appropriate amendments or clarifications. It serves as