Muskan Bansal

The Enrica Lexie incident, jurisdiction and immunity

December 15, 2021

PRAGMATIC STANDARDS OF DIPLOMACY On 2 July 2021, an arbitral tribunal in accordance with UNCLOS Annex VII handed out an unwritten file in “The Enrica Lexie incident” in India & Italy. The steering premium was disclosed since May 21, 2020. In this instance two Italian navies shot & killed two...

ONE CONTRACT, TWO ARBITRATIONS: RES JUDICATA IN INTERNATIONAL ARBITRATION CONTRADICTING PUBLIC POLICY

October 4, 2021

PROLOGUE Speed is the essence of arbitration. Parties opt for arbitration believing that it is a timelier dispute resolution cog. Unfortunately, however, this is often not the case. Complex, commercial arbitrations take momentous time to finish off and prosperous parties would then have to corroborate with challenges to the tangibility...

One contract, two arbitrations: Res Judicata in international arbitration contradicting public policy

September 17, 2021

Speed is the essence of arbitration. Parties opt for arbitration believing that it is a timelier dispute resolution cog. Unfortunately, however, this is often not the case. Complex, commercial arbitrations take momentous time to finish off and prosperous parties would then have to corroborate with challenges to the tangibility as...

THE CONUNDRUM OF EMERGENCY ARBITRATION: CONFIDENTIALITY IN THE COURT OF LAW

May 5, 2021

Confidentiality is taken into account collectively of the key reasons why parties opt to opt for arbitration for settlement of their disputes as they are doing not need their disputes to be a subject of give-and-take. Considering the careful documents and the knowledge that parties exchange in Associate in Nursing arbitration, the thought is to shield the sensitive data, trade secrets, holding might which can be the subject matter of Associate in Nursing arbitration as its revelation may lead to irreparable loss....

Unveiling 103rd Parliamentary Standing Committee interim report on functioning of virtual courts

September 24, 2020

The concerns have begun to surface. The spokespeople of Bar showcased the flaws as to why the virtual courts cannot be scrutinised as a substantial stopgap for regular courts. The Committee opined three specific magnitudes scilicet access divide, connectivity divide, skill divide. A member of Committee retorted the assertion of...

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