[Akarshi Narain and Gayatri Kondapalli are 3rd-year B.A., LL.B. (Hons.) students at NALSAR University of Law, Hyderabad] Mediation, as a mode of alternative dispute resolution, has increasingly been gaining traction in the international sphere. The Singapore Convention on Mediation, adopted in 2018, envisages cross-border enforcement of settlement agreements similar to that of arbitral awards...
Harmonious Dispute Resolution: Unveiling India’s Mediation Bill 2023
[Esha Rathi is a final year B.B.A. LL.B. (Hons.) student at Jindal Global Law School.] In a significant leap towards modernizing the legal framework and expediting the resolution of civil and commercial disputes, the Rajya Sabha recently passed the Mediation Bill 2023. This pioneering legislation marks a crucial shift, elevating mediation as the primary avenue for dispute resolution, prior to...
Supreme Court on Mandatory Pre-Litigation Mediation in Commercial Court Cases
Mediation has gained significant momentum as a means of alternative dispute resolution, both within India and globally. This is particularly so in disputes involving corporate and commercial issues. In this background, an important question arose before the Supreme Court of India on whether pre-litigation mediation is mandatory under section 12A of the Commercial Courts Act, 2015. In Patil...
Supreme Court Clarifies Standard of Proof in PMLA Proceedings
[Raghav Bhatia is an Advocate practising at the Supreme Court of India. Hima Prajitha is an Advocate, practising before courts in Andhra Pradesh] Recently, the Supreme Court of India in J. Sekar @ Sekar Reddy v. Directorate of Enforcement, has observed that the standard of proof in proceedings under the Prevention of Money Laundering Act, 2002 (“PMLA”) is beyond reasonable doubt and not...
Who is a Consumer? Parallel Proceedings under RERA and CPA
[Varda Saxena is a 3rd year B.A., LL.B. (Hons.) student at Jindal Global Law School in Sonipat] Section 2(7) of the Consumer Protection Act, 2019 (“CPA“) mandates that a person who obtains goods for commercial purposes is not a consumer. This means that a person who obtains goods for reasons other than the sustenance of their livelihood or for reasons other than self-use is...
Appointment of New Arbitrators under Section 34 of the Arbitration and Conciliation Act
[Anujay Shrivastava is a law graduate (class of 2020) from Jindal Global Law School, O.P. Jindal Global University, Sonipat. Divyansha Agrawal is a practicing lawyer at the Delhi High Court and Associate with Advani and Co] In a recent order, a single judge of the Calcutta High Court in Jagdish Kishinchand Valecha v. SREI Equipment Finance Ltd. (13 April 2021) made an...
Making Room for Third-party Arbitration Funding in the Indian Regime
[Oshin Malpani is a penultimate year B.A., LL.B. (Hons.) student at NALSAR University of Law, Hyderabad] Third-party arbitration funding (“TPAF”) simply stated, is the funding extended to a claimant to pursue arbitration proceedings in exchange for a portion of the award (if) granted to them. It is a subset of the general third-party funding (“TPF”) that similarly funds other litigatory and...
Restrictive Immunity in Enforcement of Arbitral Awards against Foreign States
[Sparsh Mallya is a 3rd Year BBA-LL. B (Hons.) Student at O.P Jindal Global University, Sonipat] On June 18, 2021, the Delhi High Court held in KLA Const. Technologies Pvt. Ltd. v. The Embassy of Islamic Republic of Afghanistan (“KLA Const”) that prior consent of the Central Government under section 86 of the Civil Procedure Code (“CPC”) is not an express requirement for...
Principles Governing ‘Anti-Enforcement Injunctions’ in India: Part 2
[Anujay Shrivastava is a law graduate (class of 2020) from Jindal Global Law School, O.P. Jindal Global University, Sonipat. The first part in the series is available here] High Court’s Analysis The High Court recorded that injunctions of legal proceedings in foreign claims may take one of three primary forms, i.e. ASIs, AASIs and AEIs. It distinguished AASIs and AEIs. According to the Court...
Principles Governing ‘Anti-Enforcement Injunctions’ in India: Part 1
[Anujay Shrivastava is a law graduate (class of 2020) from Jindal Global Law School, O.P. Jindal Global University, Sonipat] In a significant judgment in Interdigital Technology Corporation v. Xiaomi Corporation(3 May 2021) (“Xiaomi”), the Delhi High Court speaking through C. Hari Shankar, J. recently clarified the principles governing an anti-enforcement injunction (“AEI”) by an Indian judicial...
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