Third Party Funding in International Arbitration: An Indian Perspective

Introduction With increasing cross-border transactions international commercial and investment arbitrations have also increased concurrently. Though, arbitration is the more efficient and time saving procedure (as compared to litigation in domestic jurisdictions) the exorbitant costs attached with it cannot be ignored. The concept of third party funding agreements has helped financially weaker claimants to successfully pursue... Continue Reading →

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A prior notice to the other party before filing application to set aside arbitral award under section 34(5) of the Arbitration and Conciliation Act, 1996 is directory in nature

Mini Summary The Hon’ble Supreme Court of India has finally settled the contentious question of whether the prior notice to the other party before the filing of application under section 34(5) of the Arbitration and Conciliation Act, 1996 is mandatory or directory in nature. Different high courts in the country were giving contradictory stands on... Continue Reading →

“The Fate of Being Determinable”

ABC (“Purchaser”); and XYZ (“Contractor”). Scope of Project          SUPPLY; INSTALL; TESTING; and COMMISSION Contract terminated for no specific reason Clause –Termination of Contract at Purchaser’s Initiative. "ABC reserves the right to termination the contract either in part or in full due to the reasons other than specified herein. ABC shall in such an event give 15... Continue Reading →

“Clash of the Titans”

Introduction The hullabaloo behind the Chambers; in the Court Rooms; and in the interiors of the fortress of the Parliament has tempted me to write on the present topic of discussion regarding the conflict between the top notch Judiciary v(is-a- vi) s legislatures of the nation. The issue that has arisen before us is that... Continue Reading →

COPARCENARY RIGHTS: TOUCHSTONE OF EQUALITY

According to the Mitakshara School of Hindu Law, entire property of a Hindu joint family is held in collective ownership, by all the coparceners, in a quasi-corporate capacity. The textual authority of the Mitakshara lays down in express terms that the joint family property is held, in trust, for the joint family members, then living... Continue Reading →

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