The validity of Mandatory Arbitration Clauses in unequal Contracting Relationships

Payal Chawla This article was first published in Bar and Bench on 25 Nov, 2019, 10:10 am The validity of unilateral arbitration clauses remains a vexed issue worldwide and is the subject of nigh ubiquitous jurisprudential discourse. Jurisdictions such as the United Kingdom, United States, and Singapore generally uphold unilateral clauses with certain riders. Indian…

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An Inspiring Life

Sushma Swaraj belonged to all of us, she leaves behind a lasting legacy. Meenakshi Arora & Payal Chawla Every once in a generation, there comes a leader who provides a beacon of hope. For our generation that leader was Sushma Swaraj. As women lawyers, her journey was so personally inspiring to us. But the truth is…

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The Court’s Conscience

Meenakshi Arora & Payal Chawla This article was first published in the Indian Express in the print edition on 02.05.2019 and Bar and Bench on 03.05.2019 As the world watched with horror the appointment of Brett Kavanaugh to the US Supreme Court, in the face of accusations of sexual assault by the credible and poised…

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India Losing its Domestic Arbitration – Urgent Need for Legislative Amendment

Payal Chawla First published on Bar & Bench in 18.01.2018 and later in Mondaq on 03.01.2020 Of late, there has been the emergence of a disturbing trend whereby Indian contracting parties are choosing foreign jurisdictions to arbitrate their disputes. Resultantly, India is losing its larger domestic arbitrations, quite antithetical to the reasons for which the…

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