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Arbitration & ADR

09 July 2020
Jeevan Ballav Panda Arbitration under special statutes with regard to contractual stipulations

India - Khaitan & Co

The freedom to contract principle forms the basis of the Contract Act, and a similar principle is also provided for in the Arbitration and Conciliation Act. However, the question often arises as to what happens when one party – despite a contractual agreement setting out the scope and ambit of arbitration – seeks recourse to remedies provided for under a special statute. This article examines this issue in view of the Micro, Small and Medium Enterprises Development Act.

Authors: Jeevan Ballav Panda, Satish Padhi, Gaurav Sharma
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Recent updates

Atul Shanker Mathur Enforcement of foreign arbitral awards and scope of judicial intervention: a minimalist approach

India - Khaitan & Co

Authors: Atul Shanker Mathur, Priya Singh, Vivek Mathur
Frank Spoorenberg First annulment of investment arbitration award by Supreme Court

Switzerland - Tavernier Tschanz

Authors: Frank Spoorenberg, Daniela Franchini
Marie Berard High Court rejects challenge to enforcement where defences were already raised before foreign court

United Kingdom - Clifford Chance

Authors: Marie Berard, Christina Cathey Schuetz
Raúl Herrera Hazas Positive aspects of arbitration during COVID-19 crisis

Mexico - Becerril Coca & Becerril SC

Author: Raúl Herrera Hazas
Pelin Baysal Unbreakable deadlock in consumer disputes: mandatory mediation and solution proposals

Turkey - Gün + Partners

Authors: Pelin Baysal, Muzaffer Atar
Matthew Kirtland New York Convention does not prohibit enforcement by non-signatory under doctrine of equitable estoppel

USA - Norton Rose Fulbright

Authors: Matthew Kirtland, Ernesto Hernández

Upcoming event

GAR Live Singapore

1 September 2020 – Singapore

Returning for its sixth year, GAR Live Singapore will bring together leading arbitrators, representatives of institutions, expert witnesses and founders to address emerging developments in Singapore and beyond. Attendees will hear specific techniques and approaches for successfully mediating within investor-state arbitration, determine whether Singapore should be looking to innovate governing law, gain insight into cross-border award enforcement and join the GAR Live debate to decide whether Singapore International Arbitration Centre rules should provide parties with the opportunity to appeal on a point of law.

For more details please visit: