COVID-19, Due process, Enforcement, Hearings, India, Virtual hearings, Witness

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Young ICCA

Before the Covid-19 pandemic, virtual witness testimonies were prevalent in specific instances, such as when witnesses could not reach the venue because of illness. Article 8.1 of IBA Rules on Taking of Evidence in International Arbitration permits virtual testimony only at the discretion of the tribunal. The Commentary on the Rules establishes that the tribunal’s…

Arbitrability, India, Intellectual Property

and (West Bengal National University of Juridical Sciences)/ /1 Comment

Arbitration of IP disputes has inherent advantages of saving time and costs and ensuring confidentiality while also maintaining long-term business relations (see here). In India, arbitration will be especially useful in light of the enormous pendency of judicial cases. However, arbitrability of any subject-matter is dictated by a country’s public policy. In India, what forms…