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What Is Commercial Litigation in India? A Guide for Business Owners
When a Business Dispute Becomes a Legal One Most business disputes do not start in court. They start with an unpaid invoice, a contract that was not honoured, a partner who stopped cooperating, or a party that simply walked away from a deal. What takes them to court is the absence of any other credible …
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Why International Commercial Arbitration Is Surging in India: 7 Key Legal Drivers
International commercial arbitration isn’t just a side option in India anymore—it’s become the go-to way to settle complex contract disputes, especially when there’s cross-border business at stake. These days, corporations, investors, and global companies are skipping the long courtroom slog and turning straight to arbitration. As international trade involving Indian businesses expands, arbitration clauses are …
Why International Commercial Arbitration Is Surging in India: 7 Key Legal Drivers Read More »
Can an arbitral institution require parties’ membership as a pre-requisite for forming an arbitral tribunal under its rules when parties have agreed to arbitrate under those rules?
Overview: The Hon’ble Delhi High Court, in the case of Rani Construction v. Union of India (ARB.P. 1011/2023), ruled that arbitral institution membership cannot be mandated as a prerequisite for arbitration. Hon’ble Justice Sachin Datta’s bench clarified that when parties opt for arbitration under an institution, it doesn’t imply automatic membership acceptance. Facts:The dispute arose …
