Arbitrability of Fraud (Shivam Singh)
The paper begins by outlining the scope of ‘arbitrability’. It then traces the judicial developments on the subject starting from pre-independence India. The paper analyses the significant contemporary developments under the Arbitration and Conciliation Act, 1996 and critically examines how the existing precedents compel the courts to undertake adjudication on merits at the pre-reference stage.
Arbitrability of Fraud: Analysing India’s Problematic Jurisprudence (Shivam Singh)
Arbitrability of fraud has consistently been the subject of immense judicial scrutiny by the Indian courts. Despite that, the final statement of Indian law on this point remains deeply disappointing and is detrimental to the arbitration landscape in India. In this paper, the author shall demonstrate that the existing jurisprudence on this issue does not suitably deal with the controversy.
Confidentiality Under the Indian Arbitration Regime (Jaideep Khanna)
An analysis of confidentiality under the Indian arbitration regime with a pertinent focus on the insertion of Section 42-A to the Arbitration and Conciliation Act, 1996. This new section imposes confidentiality obligations upon all parties to an arbitration, but the extent and scope of its applicability remain contentious and unresolved. In order to resolve this uncertainty and build a comprehensive domestic framework , the author draws references from efforts in cross-border jurisdictions for regulating confidentiality concerns and combating practical problems of confidentiality obligations.
Data Confidentiality under the Indian Arbitration Regime: Challenges and Opportunities (Jaideep Khanna)
Challenges and opportunities for Indian courts and policymakers to address data protection concerns for ad hoc and institutional arbitrations in India.