Arbitration

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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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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Determination of the lex: An opportunity lost

Payal Chawla This article was first published on Bar and Bench on 11.11.2018 The much-awaited decision in the matter of Union of India v. Hardy Exploration and Production (India) Inc. was delivered by a three-judge bench of the Supreme Court on September 25, 2018. Since I had written a three-part series on the (then) pending decision, I thought it […]
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India’s arbitral dreams – the push inwards.

Payal Chawla This article was first published the International Bar Association Newsletter on 01.10.2018 Delays within the Indian legal system are not unknown, so in order to address the issue of a more efficacious resolution of commercial disputes, the Indian government amended the Arbitration and Conciliation Act, 1996 (the ‘Indian Arbitration Act’) on 1 January […]
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The 2018 Proposed Amendments and Their Missing Provisions

The Arbitration and Conciliation (Amendment) Bill, 2018 recently received Cabinet approval. The proposed amendments are based on the recommendations of the High Level Committee set up by the Government under the Chairmanship of Justice B.N. Srikrishna, former judge of the Supreme Court of India. The amendments are certainly well thought out, and are geared towards […]
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