Arbitration & Corporate Law Review

The Arbitration & Corporate Law Review is now accepting submissions on a rolling basis for its blog. Refer to our submission guidelines below for further details. https://lnkd.in/dX-vAis

𝐀𝐧𝐧𝐨𝐮𝐧𝐜𝐞𝐦𝐞𝐧𝐭: 𝐑𝐞𝐜𝐨𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐢𝐨𝐧 𝐨𝐟 𝐭𝐡𝐞 𝐄𝐝𝐢𝐭𝐨𝐫𝐢𝐚𝐥 𝐁𝐨𝐚𝐫𝐝 We are delighted to announce the reconstitution of the Arbitration & Corporate Law Review Editorial Board. Meet the dedicated team of working professionals and students in the field who will be guiding our journey towards bringing valuable insights to the legal community: 𝐁𝐨𝐚𝐫𝐝 𝐨𝐟 𝐄𝐝𝐢𝐭𝐨𝐫𝐬 𝐂𝐡𝐢𝐞𝐟 𝐄𝐝𝐢𝐭𝐨𝐫: ➢ Abhay Raj 𝐌𝐚𝐧𝐚𝐠𝐢𝐧𝐠 𝐄𝐝𝐢𝐭𝐨𝐫𝐬: ➢ Nidhi Agrawal ➢ Samar Veer ➢ Charvi Krishna ➢ Soumili Biswas 𝐀𝐬𝐬𝐨𝐜𝐢𝐚𝐭𝐞 𝐄𝐝𝐢𝐭𝐨𝐫𝐬: ➢ Shubham Singh ➢ Garv Sood ➢ Prabhu Gupta ➢ Arnav Mathur ➢ Adarsh Shukla       As we embark on this new chapter, we look forward to delivering high-quality legal analysis and thought leadership to our readership. Stay connected with us for future updates. #ArbitrationLaw #CorporateLaw #EditorialBoard #LegalScholarship #LawReview 

𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗶𝗼𝗻 𝗮𝗻𝗱 𝗘𝘅𝗰𝗹𝘂𝘀𝗶𝘃𝗲 𝗝𝘂𝗿𝗶𝘀𝗱𝗶𝗰𝘁𝗶𝗼𝗻 - Delhi High Court reinforces principles concerning intersection of exclusive jurisdiction clause and clause fixing seat of the arbitration. • Key takeaway: If the parties have contractually fixed a seat for the arbitration, any other clause (such as the exclusive jurisdiction clause conferring jurisdiction to a court other than the seat court) will not apply while determining the court for curial jurisdiction. • This judgment aligns the Delhi High Court’s approach with the Bombay High Court's ruling in 2021, providing consistency on jurisdictional issues in arbitration clauses. Annexing our article on the judgement along with a SCC copy of the judgement. #Arbitration #DisputeResolution #LegalUpdate #ExclusiveJurisdiction #IndianLaw

The Supreme Court of India laid down that the application to extend the mandate of the Tribunal can be filed even after the expiry of mandate. A short recap down the memory lane, there was a divergence of opinion between the High Courts of Delhi, Bombay, Kerala, Madras, Jammu and Kashmir and Ladakh with the Calcutta High Court (Rohan Builders (India) Pvt Ltd v Berger Paints India Limited). The question therefore was, whether the use of word "terminate" in Section 29A of the Arbitration Act implied that the mandate of the Tribunal gets automatically terminated after the expiry of the statutory period? The Supreme court has answered in negative while holding that such a strict interpretation would go against the legislative intent of the Act, and would result in prescribing a limitation which is otherwise not mentioned. While it is a much needed relief for the arbitration enthusiasts out there, the burden on the Section 29A Court increases in light of this judgement to ensure that this liberal approach is not exploited by parties who have slept over the statutory deadline. We have prepared a short update on the same. The judgement is annexed to the article for everyone's convenience and can be downloaded from our website. https://lnkd.in/dxpwJ453

Greetings from the Arbitration and Corporate Law Review Blog!   We are excited to announce that the ACLR Blog is now inviting applications for the positions of Associate Editors (7 positions).    Application details: To apply for this position, please complete the application form using the following link: https://lnkd.in/dXqixwDv Interested candidates are requested to submit the following attachments along with their applications: 1.  Curriculum Vitae (CV) highlighting relevant publications and editorial experience. 2.  Writing sample. 3.  Statement of Purpose.   Deadline: June 20, 2024 (11:59 pm IST)   Join us in our mission to advance legal scholarship and contribute to the vibrant fields of arbitration and corporate law. We look forward to receiving your applications!   #legalpublications #editor #arbitration #corporatelaw #legalresearch

Institutional arbitration has recently gained traction in India and otherwise. Whether it will sustain in long run is contingent on how commercial parties perceive its advantages, given that, as on date, India does not have a strong institutional mechanism. However, there are several advantages associated to institutional arbitration, as we have seen world-wide. Targeting such concerns and how institutional arbitration can be strengthened in India, Priyanka Desai, Associate at Cyril Amarchand Mangaldas wrote an article (Strengthening Institutional Arbitration for Domestic and International Commercial Disputes in India), inter alia making recommendations to improve the mechanism such as amendment to rules, diversification of arbitrator pools and related technological advancements. Emphasising the importance of governmental support, the piece underscores India's potential as a global arbitration hub but stresses the need for collaborative efforts from all stakeholders to fully realise this potential. The article can be accessed below: https://lnkd.in/dhGFVCmd