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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
CADR
12 hours ago8 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
CADR
Oct 278 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
CADR
Oct 247 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
CADR
Oct 227 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...
CADR
Oct 98 min read