Category Archives: International Arbitration Forum

THE NEED OF ARBITRATION IN THE FIELD OF SPORTS LAW

ABSTRACT:

Sports field is one of the fields of fame where people were made to express their sportsmanship in order to attaining greatness. But due to the intervention of politics, corruption, drugs, etc the sacredness of sports are put on to a jeopardical situation and when such issues were taken to the judiciary due to the piled-up cases the justice gets delayed which affects the athletes both in terms of career and life. So, in order to avoid such circumstances, the process of Arbitration was used, which is an outside court settlement falls under the ambit of Arbitration and Dispute Resolution.

Keywords: Sports, Arbitration, India, Athlete, ICAS

Authored by B.Jayasuriyan, Saveetha School Of Law.

THE ROLE OF IPR IN PROTECTION OF BIODIVERSITY ON THE INTERNATIONAL LEVEL

ABSTRACT:

The term IPR itself suggests that it was meant for rights to ideas and information in which that are used for the purpose of new inventions or processes and the current paper specifically lies on the ambit of the role of IPR in protection of biodiversity in an international perspective. So, when it comes to biodiversity the major ambient in which this falls on to is environment and on considering such the major issue falls on seeds, plantation, etc., So on analysing such the common aspect with regard to such on IPR are discussed on concerning the existing regimes.

Keywords: IPR, Biodiversity, CBD, TRIPS

Authored by B.Jayasuriyan, Saveetha School Of Law.

INCREASING ACCESS TO INTERNATIONAL ARBITRATION

ABSTRACT:

International Arbitration continues to be widely chosen as the preferred method of dispute resolution for parties, particularly where matters cross international boundaries. However, with the divergence of cases from open courts to predominantly closed arbitration hearings, questions of transparency have, and will continue to arise. In this article we will discuss what international arbitration really is,  what are the hindrance parties following when they seek international arbitration. Indeed , what this article ultimately seeks to achieve is evaluating the tools and initiative solution for increasing access to international arbitration

Authored by Jyoti Pathak, Gautam Buddha University, Greater Noida.

A DETAILED NOTE ON TRANSPARENCY AND CONFIDENTIALITY IN INTERNATIONAL ARBITRATION

Abstract-

Transparency and Confidentiality are two procedures in arbitration. Transparency provides for openness, clarity, disclosure, access to information while confidentiality refers to non-disclosure, it is one of the most fundamental reason why parties resort to arbitration. At times, transparency and confidentiality are at odds. Here we will talk about transparency and confidentiality in international arbitration, why is it needed and when should be one of these be resorted to.

Authored by Divyanshi Gupta, Faculty Of Law, Lucknow University.

MALPRACTICE ARBITRATION REPLACEMENT INTRODUCED GUAM

Abstract-

Therese Terlaje and TeloTaitague reformed much awaited medical malpractice claims law with the addition of pre-trial screening to the whole process without touching the arbitration part of it. The Medical Malpractice Mandatory Arbitration Act requires arbitration for malpractice claims before the matter can be taken to court. Superior Court of Guam Judge Arthur Barcinas stated in one case that the act “places a burden of keeping malpractice insurance premiums low and maintaining affordable health care on one small and vulnerable sector of society, namely non-wealthy victims of medical malpractice.”

Authored by Aarushi Sharma, NLU, Shimla.

INDIA TO STUDY CAIRN ENERGY ARBITRATION AWARD

Abstract-

UK’s Cairn Energy Plc has won an arbitration against the Indian government levying 10,247 rupees in retrospective taxes. The tribunal asked India to pay the funds withheld along with the interest to the Scottish oil explorer for seizing dividend, tax refund, and sale of shares to partly recover the dues. Cairn had challenged the Indian government seeking taxes over an internal business reorganisation using the 2012 retrospective tax law, under the UK-India Bilateral Investment Treaty. The three-member tribunal, which also comprised of a judge appointed by the Indian government, ruled that India’s claim of ₹10,247 crore in past taxes over a 2006-07 internal reorganisation of Cairn’s India business was not a valid demand, sources said.

Authored by Aarushi Sharma, NLU, Shimla.

IMPACT OF THE COVID- 19 PANDEMIC ON THIRD PARTY FUNDING AND SECURITY FOR COSTS IN INTERNATIONAL COMMERCIAL ARBITRATION

ABSTRACT:

The COVID- 19 pandemic has already created a great loss to the private companies along with the individuals in market company and society. This topic mainly focuses on two ideas- 1) whether the pandemic is an upturn to third party funding arrangements. 2) whether the arbitrating parties should take an initiative to expose themselves to applications of security regarding the costs in international commercial arbitration. COVID- 19 has no doubt created a big problem for the normal people of this country even the basic amenities are quite difficult for the poor people to arrange in such a pandemic situation.

Authored by Swapna Sudha Sahoo, Siksha ‘O’ Anusandhan (Deemed To Be University), SOA National Institute Of Law, Bhubaneswar, Odisha

LEBANON RESORTING TO INTERNATIONAL ARBITRATION

ABSTRACT:

Lebanese President Michel Aoun this year expressed that he would not mind resorting to arbitration if the country fails to reach at a fair agreement with Israel regarding maritime border demarcation. Arbitration is quite common in Lebanon, in fact, Lebanon is one of the friendliest countries in the Middle East for arbitration. In principle, all disputes can be submitted for arbitration in Lebanon. Arbitration proceedings fall within the ambit of Code of Civil Procedure and article 309 of the Code provides that arbitration is international if it involves the interests of international trade and of course, mutual consent of the parties to the agreement. The talks between Israel and Lebanon started in 14th October 2020.

Authored by Arushi Sharma, NLU, Shimla

WHEN CONSOLIDATION FAILS: THE CHALLENGES OF PARALLEL ARBITRATION PROCEEDINGS

ABSTRACT:

Consolidation in simple terms is a process in which two or more claims are put in one single dispute and this procedure helps in avoiding conflicting awards in order to save time and money and to ensure operation of this procedure the consent of the parties and connection of the disputes is a must. As per article 10 of the International Chamber of Commerce (‘ICC’) either the demand for consolidation should be made under the same arbitration agreement or the agreements must be driven by the same parties, disputes, legal relationships. The consent for consolidate should be given expressly without leaving any doubt just like the consent to arbitrate. In the absence of an express consent parallel proceedings arise which are quite common in the energy industry because of the involvement of multi-parties and multi-contract transactions. Parallel proceedings have their own challenges and one of them is inconsistent findings of fact or law which eventually leads to inconsistent decisions on damages and sentences.

Authored by Arushi Sharma, NLU, Shimla

Arbitration and Conciliation Ordinance, 2020

Abstract-

With the changing scenario of arbitration processes, the President of India has further enacted the Arbitration and Conciliation (Amendment) Ordinance, 2020 (Ordinance) by adding amends to the Arbitration and Conciliation Act of 1996. This ordinance brings forty that all the stakeholders shall be getting an opportunity to seek unconditional stay of enforcement of arbitral awards where the underlying arbitration agreement or making of the arbitral award is believed to be induced by fraud or corruption. The Ordinance will be beneficial in cases where inherent illegality by fraud or corruption has been ‘prima-facie’ shown in court. However, it will be interesting to see how courts interpret the burden of proving a ‘prima-facie’ case of corruption or fraud.

Authored by Urfi Ansari, Rizvi Law College