INSOLVENCY AND ARBITRATION: On the Horns of a Dilemma Introduction This article aims to briefly encapsulate the position of law in India vis-a-vis the conflict between insolvency law and arbitration law. The author gives an overview of the prevalent law […]
Read More
Arbitration or Arbitrary: Examining Anti-Arbitral Injunctions under Indian Law In India, the judicial system faces significant challenges with overburdened courts, leading to extensive delays and mounting backlogs. The sheer volume of cases often hampers the timely dispensation of justice, creating […]
Read More
ARBITRABILITY OF OPPRESSION AND MISMANAGEMENT (‘O&M’) CLAIMS 1. Introduction to O&M Provisions and Claims in India Oppression and Mismanagement (O&M) claim provisions were included in the Companies Act (‘CA’) to prevent the trampling of rights of minority shareholders in situations […]
Read More
Scope of the limitation period: Law laid down by Judgements The intent and objective of the Arbitration and Conciliation Act, 1996 is to charter out the timeous commencement of arbitration as soon as the dispute has arisen. Delay defeats justice […]
Read More
Corporate Arbitration: Companies Act, 2013 and Arbitration Clauses Corporate arbitration is a process of resolving disputes between corporate entities. A dispute can be resolved through arbitration if the parties agree to use it, or if the contracts entered into between […]
Read More