Arbitration is a form of alternate dispute resolution (ADR)
International arbitration has emerged as the preferred mechanism for resolving cross-border commercial disputes, offering a neutral, efficient, and internationally enforceable alternative to national court litigation. In an increasingly globalized economy, parties to international transactions often belong to different legal systems and cultural backgrounds, making litigation in one party’s home jurisdiction unattractive due to concerns of...
When companies do business across countries, disagreements can quickly become complicated. Different laws, languages, and legal systems can make traditional court cases slow, expensive, and hard to enforce. Because of this, there is a growing need for a faster and more practical way to settle international business disputes. International Commercial Arbitration (ICA) has become the...
Construction projects are inherently complex, involving multiple stakeholders, tight deadlines, and high financial stakes. These factors often lead to claims and disputes which, if not managed properly, can cause costly delays and damage professional relationships. Emotional intelligence (“EI”) plays a pivotal role in transforming how these disputes are addressed and resolved. While the concept of...
Disputes arising out of real estate transactions have long been a source of frustration for homebuyers, developers, and legal practitioners alike in India. Historically characterized by delayed resolutions, complex litigation, and enforcement challenges, the landscape witnessed a significant regulatory intervention through the Real Estate (Regulation and Development) Act, 2016 (“RERA”). The introduction of RERA aimed...
Signing an arbitral award on each and every page can often be a daunting task, and arbitrators generally prefer to sign only the final page. Nevertheless, the absence of a signature on any page has historically been one of the most commonly invoked grounds for setting aside an award or its enforcement in the UAE...
In the complex arena of construction projects, deadlines extend beyond mere dates; they embody contractual duties, financial stakes, and professional reputations. Among the critical facets of managing such projects is the handling of time claims, commonly known as Extension of Time (“EOT”) requests. These claims, when managed effectively, are vital tools for contractors seeking fair...
India’s arbitration framework has undergone a significant evolution in the last two decades, driven by a legislative push toward institutionalising arbitration and judicial pronouncements aimed at fostering a pro-arbitration jurisprudence. However, the tension between judicial oversight and arbitral autonomy has remained a persistent concern. The Indian Supreme Court, in a series of landmark decisions, has...
In its recent judgment in BGM and M-RPL-JMCT (JV) v. Eastern Coalfields Limited[1], dated 18th July 2025, the Supreme Court addressed a recurring legal conundrum in arbitration jurisprudence, whether a clause containing the option to seek arbitration, rather than an unequivocal reference, constitutes an “arbitration agreement” within the meaning of Section 7[2] of the Arbitration...
In a significant pronouncement of 24th July 2025, the Calcutta High Court in M/s B.B.M. Enterprise v. State of West Bengal[1] reaffirmed the judiciary’s restrained role in arbitral matters under Section 34[2] of the Arbitration Act and Conciliation Act, 1996 (“A&C Act”). The Court set aside the earlier judgment of the trial court[3], which had...
The recent decision of the Technology and Construction Court (“TCC”) in VMA Services Ltd v Project One London Ltd[1] marks another significant judicial reaffirmation of the principles governing “smash-and-grab” adjudications. It also re-engages with the interplay between the statutory payment regime under the Housing Grants, Construction and Regeneration Act 1996 (as amended) (the “Act”) and...
