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Centre for Alternative Dispute Resolution,
RGNUL, Punjab
FEATURED POSTS
Call for Papers:
RADR - Vol. II
Recent Blogs
When Mere References Become Arbitration Agreements: A Critique of Surya Wires Judgement
Sarbeswar Mishra, Taskin Akhtar This article critiques the Supreme Court's decision in National Skill Development Corporation v. Surya Wires Private Limited for expanding Section 7(5) of the Arbitration and Conciliation Act, 1996, by inferring arbitral consent from a “single, composite transaction” despite the absence of a specific reference to the arbitration clause in the Personal Guarantees. It argues that this approach departs from the incorporation requirements and the e
Sarbeswar Mishra & Taskin Akhtar
Sep 21
Correcting the Award or Correcting the Court? Judicial Restraint under Section 34 Post-Gayatri Balasamy
Devansh Awasthi This article re-examines the implications of Gayatri Balasamy v. ISG Novasoft Technologies Ltd. for judicial intervention under Section 34 of the Arbitration and Conciliation Act, 1996, focusing on the implications Pre-Gayatri Balasamy judgements with regard to the tension between corrective powers and arbitral finality. It argues that expanded remedial powers must remain subject to strict thresholds of judicial restraint, distinguishing due-process violations
Devansh Awasthi
Aug 18
From Insolvency to Settlement: Can Section 12A of the IBC Be Reconceptualised as an ADR Mechanism?
Kartikey Narang This article argues that Section 12A of the Insolvency and Bankruptcy Code is more than a procedure for withdrawing insolvency cases and also creates an opportunity for negotiated settlements. However, the 90% creditor approval requirement, limited participation of operational creditors, and difficulties in enforcing settlements prevent it from functioning as a fully developed alternative dispute resolution mechanism. The 2026 amendment further restricts the s
Kartikey Narang
Jul 20
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