The Arbitration Practitioner’s Series by the Milon K. Banerji Arbitration Centre (MKBAC), published in collaboration with Bar & Bench, is a curated series of commentary and analysis on contemporary issues in arbitration law and practice. The series features contributions from experienced practitioners, academics, and legal professionals, offering practical insights, critical evaluations of judicial developments, doctrinal explorations, and policy perspectives on both domestic and international arbitration. Through accessible yet authoritative pieces, the series aims to foster dialogue within the arbitration community, bridge the gap between theory and practice, and stimulate informed engagement with evolving questions in arbitration law.
Read the full pieces on Bar & Bench here: https://www.barandbench.com/topic/mkbac
This article examines the jurisdictional interplay between the MSMED Act and the Arbitration Act, analysing arbitration as a recourse for delays by statutory authorities, authored by Meenakshi Sood, Independent Counsel.
This piece examines judicial responses to delays in the pronouncement of arbitral awards and evaluates the case for legislative clarification on timelines. Authored by Raghav Bhatia and Rohan Bhatia, Advocates.
This column analyses how Indian courts have treated WhatsApp messages and electronic communications as evidence of consent to arbitration, with emphasis on intention and evidentiary thresholds. Authored by Bhargavi Kannan.
This piece critiques structural and practical inconsistencies in the Fourth Schedule to the Arbitration and Conciliation Act, 1996, particularly in relation to arbitral fees and cost predictability. Authored by Dormaan J. Dalal, Advocate and Arbitrator, Bombay High Court.
This four-part series undertakes a comprehensive examination of whether and to what extent trademark disputes are arbitrable under Indian law. Across the instalments, the author analyses doctrinal tests for arbitrability, judicial approaches, and practical scenarios involving trademark licensing, assignment, and commercial exploitation. Authored by Manmeet Kaur Sareen, Advocate, New Delhi.
This column explores arbitration law through a philosophical and analytical lens, engaging with logic, legal reasoning, and doctrine. Authored by Mikhail Behl, Advocate, FCIArb.
This piece examines whether parties can initiate fresh arbitral proceedings after exhausting remedies under the Insolvency and Bankruptcy Code, with particular focus on limitation principles. Authored by Malak Bhatt and Neeha Nagpal (Founding Partners, NM Law Chambers), along with Samridhi (Associate, NM Law Chambers).
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