HomeCategory

Arbitration

Arbitration is a form of alternate dispute resolution (ADR)


October 25, 2025
Foundations of International Arbitration: New York Convention, UNCITRAL Model Law, and Domestic Frameworks

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...

October 24, 2025
International Commercial Arbitration: Advantages in Cross-Border Commerce

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...

September 19, 2025
Leveraging Emotional Intelligence in Resolving Construction Claims and Disputes

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...

September 10, 2025
Arbitration vs. RERA: Navigating time-bound dispute resolution in Indian real estate

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...

August 12, 2025
EOT Claims and Liquidated Damages: What Recent Rulings Mean For Your Contracts

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...

August 1, 2025
Judicial Oversight in Indian Arbitration: Are We Finally Striking the Right Balance?

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...

July 30, 2025
Supreme Court Clarifies the Parameters of an Arbitration Agreement Under Section 11 of the 1996 Act

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...

July 29, 2025
Revival of Arbitral Authority: Calcutta High Court Reaffirms Limited Interference Under Section 34 of the Arbitration Act

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...

July 28, 2025
Enforcing Adjudicator’s Decisions in Smash-and-Grab Claims

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...

Copyright by ATB LEGAL. All rights reserved.

Social links