March 30, 2026

Patent Illegality in Indian Arbitration: The Gayatri Balasamy Shift

This blog examines the evolution of the “patent illegality” ground under Section 34 of the Arbitration and Conciliation Act, 1996, culminating in the Supreme Court’s recent decision in Gayatri Balasamy v. ISG Novasoft. It traces the trajectory from Renusagar’s narrow restraint to Saw Pipes’ expansion, through Western Geco’s excesses and subsequent legislative reforms, before assessing Balasamy’s attempt to realign Indian law with global arbitration standards. Using a counterfactual analysis of Saw Pipes, the article evaluates whether Balasamy offers substantive reform or merely rhetorical recalibration. 

Arbitration 0 8 min read
August 3, 2022

Mediation of Consumer Disputes

Mediation of Consumer Disputes Date: 20/10/2020 Author: Ibban Javed Institute of Author: NLIU, Bhopal Year: 3rd Introduction Litigation is often a resource-intensive endeavor that involves the investment of large amounts of money, time, and other resources that consumers have limited access to. Most consumer disputes that lead to litigation are tilted in favor of the relatively dominant producers by default, […]

Dispute Resolution 0 9 min read
August 3, 2022

Conciliation as a DR Mechanism: Merits & Demerits

Conciliation as a Dispute Resolution Mechanism: Merits & Demerits Date: 10/11/2020 Author: Ashhab Khan Institute of Author: NLIU Bhopal Year: 2nd Introduction Conciliation is one of the alternative dispute resolution (hereinafter “ADR”) methods, wherein the parties go out-of-court to seek remedy. The Halsbury’s Laws of England defines conciliation as a process of persuading the parties to reach an agreement. It […]

Dispute Resolution 0 5 min read
August 3, 2022

Principles and Applications of Conciliation

Principles and Applications of Conciliation Date: 05/12/2020 Author: Shadab Mohammad Shah Institute of Author: NLIU, Bhopal Year: 3rd Conciliation is a form of Alternate Dispute Resolution (hereinafter to be referred to as ADR); therefore all the proceedings and sessions of conciliation are done outside the court. How is conciliation different from other forms of ADRs? What are the principles of […]

Dispute Resolution 0 6 min read
August 3, 2022

Virtual Hearings in Arbitration: A Mistouted Panacea?

Virtual Hearings in Arbitration: A Mistouted Panacea? Date: 01/03/2021 Author: Neeraja Rajesh Institute of Author: B.B.A LL.B. (Hons.), JSS Law College, Mysuru Introduction Countries across the world are yet again clamping down on physical gatherings and travel in a bid to fight the second wave of the pandemic. Parallelly, the most promising vaccine candidates threaten to be a logistical nightmare […]

Dispute Resolution 0 10 min read
August 3, 2022

Arbitration Tribunal Appointment Procedure: The Conflict between Party Autonomy and Principles of Natural Justice

Arbitration Tribunal Appointment Procedure: The Conflict between Party Autonomy and Principles of Natural Justice Date: 11/01/2021 Author: Abhinav Jain Institute of Author: USLLS, GGSIPU Year: 3rd. Introductory Remarks  Party autonomy has always been a key element of arbitration that distinguishes it from regular court proceedings. Among other things, it includes the right of the parties to decide and agree upon […]

Dispute Resolution 0 8 min read
August 3, 2022

Chess Clock Method – Alley to the Due Process and Oral Hearing

Chess Clock Method – Alley to the Due Process and Oral Hearing Date: 10/05/2021 Authors: Simran Kaplish Institute of Authors: Institute of Law, Nirma University, Allahabad. Year: 4th Arbitration in India is significantly thriving, as one of the most effective procedure of dispute resolution. The disputes being solved with the help of arbitration process have undoubtedly witnessed accession.  The working […]

Dispute Resolution 0 8 min read
January 27, 2022

Arbitration Council of India: The Regulator in Disguise

Introduction India is on the run to become an arbitration-friendly jurisdiction and a hub for International Commercial Arbitration. A high-level committee was recently formed under the chairmanship of Justice B.N Srikrishna which suggested reforms related to accreditation and institutionalization of arbitration in India. The idea of establishing an Arbitration Council of India [“ACI”] was put forth to give birth to […]

Dispute Resolution 0 8 min read
January 27, 2022

The Shadow of the Indian Courts on Pre-Arbitration Clauses- A Pro-Arbitration Dilemma

  Introduction India has been observed as the hub of start- ups and a growing attraction for foreign direct investments.  However, this advancement shown in the business world is not the reality of the legal world. For decades, courts have been overloaded with pending cases.  Arbitration has become the much approachable way of solving disputes due to its speedier resolution […]

Dispute Resolution 0 7 min read
December 21, 2020

The Conciliator: Power and Duties

Introduction “No civilised society leaves all issues of common concern to be resolved mutually between labour and management through a process of confrontation and conflict. The State shall lay down legislation to ensure a minimum protection of the interests of workers without waiting for trade unions to demand it.” [1] -A. Flander Hence, a step directed towards this was to […]

Dispute Resolution 0 2 min read