Arbitration agreement under Arbitration and Conciliation Act, 1996 (Arbitration Amendment act, 2015)
Dispute resolution and arbitration clause variations
Strategic elements in arbitration clauses: Venue vs. seat, applicable Rules, jurisdiction, fees, timelines, qualification of arbitrators, prior mechanisms, etc.
Who should appoint?
Arbitration by reference
Severability of arbitration clause from the main contract : practical implications
Institutional arbitration clauses
Costs and impact of 2015 and 2019 Amendments
When is arbitration beneficial (or not beneficial)?
Disadvantages of default arbitration clause
Impartiality of the arbitrator
- Bargaining power with Government
- Negotiating with Government
- Unfair or one sided contracts
VIDEO: Screencast of an arbitration clause
Exercise: Draft an arbitration clause (with variations)
Video: Screencast of an arbitration clause