THE DISPUTED RESOLUTION MECHANISM: INDIA’S PANICKED RETREAT FROM ARBITRATION
(Ananya Srivastava and Divyansh Bansal are Second Year Students at National Law University, Jodhpur.) Excerpt This blog examines the recent rollback of arbitration in India, from the Ministry of Finance’s 2024 guidelines to Delhi PWD’s 2025 blanket ban. It critiques the ad-hoc withdrawal, highlights the risks of eroding investor confidence and proposes evidence-based reforms to safeguard and promote India as an arbitration hub, which is grounded in national and internationa
8 min read
Consent Cannot Confer Jurisdiction In International Commercial Arbitration
Kartik Shukla is fifth year B.A., LL.B. (Hons.) student at National Law University Odisha Keywords: International Commercial Arbitration, Appointment, High Court I. Introduction The appointment of arbitrators lies at the heart of the arbitral process which determines the integrity of arbitral proceedings. The Arbitration and Conciliation Act, 1996 ( hereinafter , “Arbitration Act”) clearly lays down the framework for such appointments by distinguishing between
8 min read
Judicial Modification Of Post-Award Interest: Constraints On Arbitral Discretion In India
Mihir Teja Kalle is a third-year student at National Law Institute University, Bhopal. Keywords: Post-Award Interest, Arbitration, Arbitral Finality In its recent judgment in Gayatri Balasamy v ISG Novasoft Technologies Limited , the Supreme Court of India has revisited the contentious issue of whether courts can modify pendente lite and post-award interest (Part IX of the Judgement). The majority decision permitted the modification of the latter while refraining from expandi
8 min read
Public Procurement Contracts in India: A Case for a Nuanced Approach towards Arbitrability
Rudra Singh Krishna and Dhruv Maheshwari are fourth-year B.A. LL.B. (Hons.) students at WB NUJS, Kolkata. Key Words: Public Procurement, non-arbitrability, legality of executive order Introduction The Government, through a notification passed by the finance ministry in 2024, introduced far reaching changes in the Indian Arbitration landscape relating to public procurement. The notification titled " Guidelines for Arbitration & Mediation in Contracts of Domestic Public P
8 min read
Editing Justice? The Perils of Judicial Redrafting in Arbitration
Anubhuti Raje is a fifth-year B.A. LL.B. (Hons.) student at Gujarat National Law University with a keen interest in arbitration and dispute resolution. I. Introduction Over the past decade, India’s arbitration regime has undergone a series of legislative and institutional reforms aimes at positioning the country as a credible hub for commercial dispute resolution. The amendments of 2015 and 2019 to the Arbitration and Conciliation Act, 1996 ( “the Act” ) alon
7 min read
The Governing Law Perplexity: Determining Supervisory Jurisdiction in International Commercial Arbitration
[Aashima Soni is a third-year B.B.A., LL.B (Hons.) student and Arjuna Singh is a third-year B.A. LL.B student from Symbiosis Law School, Pune and Government Law College, Mumbai respectively.] Keywords: Arbitration, International Developments. I. Introduction In cross-border commercial contracts, arbitration has emerged as a globally acclaimed method for dispute resolution. However, the arbitral process is often complicated by procedural complexities, primarily when t
7 min read
Making Corruption Count: Red Flags and Proof Standards in Arbitration
Shefali Usha is a fourth-year B.A., LL.B. (Hons.) student at Jindal Global Law School Keywords: Inner Conviction, Red Flags, Standard of...
8 min read
A Conflict of Choice: Overriding Provisions v Institutional Rules
By Gauri Sidana and Kaushiki Chauhan from National Law University, Delhi Introduction Arbitration is often categorised into two broad...
9 min read
Making a Case for Pre-Arbitral Deposits: Did the Indian Supreme Court Get It Right?
Author - Siddharth Melepurath and Harsh Pandey are 4th year B.A. LL.B. (Hons.) students at National Law University Odisha. I....
8 min read


