By Rishika Sharma and Shambhavi [Authors are final year students at Chanakya National Law University] ABSTRACT With India’s growth as a global commercial hub, inviting businesses and corporations, it is natural that there are expectations for smooth arbitration proceedings. Third-party funding emerges as a win-win situation, where claimants can access financial support to pursue their claims, and funders can find […]
By Soumyajit Haldar [The author is a fourth-year student at the West Bengal National University of Juridical Sciences.] Introduction The Industrial Disputes Act (hereinafter referred to as the ‘ID Act’) is a beneficial enactment introduced primarily for the welfare and protection of employees. In order to address the presence of significant imbalances in the bargaining power that often exists between […]
The article explores the re-evaluation of arbitration terms in unstamped agreements, emphasizing the tension between the administration of justice and procedural maneuvers employed to stall legal proceedings. It outlines the historical context, legislative amendments, and judicial interpretations surrounding arbitration agreements, notably discussing the recent Supreme Court ruling in N.N. Global-2. It highlights the divergent opinions within the bench and proposes strategies to streamline arbitrator appointments and harmonize laws to favour arbitration. Ultimately, it argues for legislative action to eliminate procedural obstacles and strengthen India’s position as a preferred destination for commercial arbitration.