If you’re managing a major infrastructure project in Mumbai — there’s a good chance arbitration is either on your desk, in your inbox, or waiting just around the corner. Delays, variation claims, price escalations, disrupted supply chains, and subcontractor exits — these have become almost expected in the lifecycle of any large infrastructure contract. The... Continue Reading →
This article has been authored by Nitin Jain, Partner, Agama Law Associates. In today's economy, cross-border transactions are standard. However, they come with increased risks, including the potential insolvency of a business partner. When a company enters formal insolvency proceedings, it can become incredibly difficult to recover outstanding debts. International arbitration offers a possible solution but brings... Continue Reading →
Drafting an arbitration clause or drafting a complete arbitration agreement is similar to drafting any other agreement i.e., it involves review and analysis of all different facts and permutation and combination to achieve the object of the parties. A sample arbitration clause may not be sufficient or effective to capture the intentions of the parties.... Continue Reading →
- First Published on Mondaq.com Introduction Alternate Dispute Resolution has been the most sought-after means for resolving disputes, especially in a world of transactions. Modern-day arbitration agreements have seen a great influx of parties incorporating provisions that require them to take certain steps before resorting to the adjudicatory process of Arbitration. Such clauses often described... Continue Reading →
Avoid using vague terms such as ’amicable negotiations, ‘best undertakings’ or ‘good faith’. The interpretation of these terms during the disagreement period could be manipulated.
The high fee charged largely by ex-judge arbitrators has brought disrepute to the entire arbitration biome in India and led to the repulsion of arbitration in India as being a more favourable jurisdiction.
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