GNLU SRDC-ADR

MAGAZINE
VOLUME II | ISSUE I

ATTALIKA AVENUE, KNOWLEDGE CORRIDOR, PDPU ROAD,

KOBA, GANDHINAGAR

MAY 2021
 In the memory of our beloved Professors

Dr. Aruna Kumar Malik Dr. Anant Deogaonkar

Legal discourse and innovation is highly dependent on the legal community that sustains it. The
legal community feeds on the stars that pioneer it and more importantly on the legacy that they
leave behind. This issue of the GNLU SRDC ADR Magazine is dedicated to the stars that GNLU
lost this year.

Dr. Aruna Kumar Malik was not only a kind soul but a highly qualified professor. He went out of
his way to identify talent and provide a head start to aspiring students. He was deeply interested
and pioneered the development of foreign policy and international law in the University. He was a
hard-working, research-oriented star and an inspiration to the legal community.

Dr. Anant Deogaonkar was a man with steely resolve. He was a jovial person and always had a
smile on his face. He was a fighter and battled with cancer. He was impressively qualified and
deeply interested in social justice and the criminal laws. He endeavoured and made students’
progress his priority and mission.

They were dearly loved by all the students and will be deeply missed.

May God rest their soul in peace.

Om Shanti.

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 FOREWORD
Mr. Ranjit Shetty
Senior Partner, Argus Partners

“The courts of this country should not be the places where resolution of disputes begins. They should be the
places where the disputes end after alternative methods of resolving disputes have been considered and tried.”
- Sandra Day O’Connor
Former Associate Justice of the Supreme Court of the United States

The legal system today is evolving to break away from the shackles of traditional litigation, and
offering better options for resolving disputes through arbitration, mediation or negotiation.
Curating a healthy Alternative Dispute Resolution (ADR) regime requires the lawmakers and
courts to work in tandem and evolve a set of principles which reconcile the differences between the
black letter of the law and the grey areas in practice. The evolution of the ADR mechanism has
been predominantly driven by resolving issues in a timely and cost-effective manner. To deal with
the situation of pendency of cases in courts in India which is further aggravated by the present
Covid-19 pandemic, ADR plays a significant role by its diverse and tested/developed techniques
which helps to reduce the burden on courts. Professionals and those who wish to engage in ADR in
any context must therefore educate themselves on the finer details and the nuanced positions of law
in order to advise their clients better and deliver results. This is possible only by enabling a culture
of critical academic discourse. A holistic approach involving all stakeholders is the way forward to
achieving the required change in the ADR mechanism and the Covid 19 pandemic adds to the
reasons that India needs to accelerate these changes.

The GNLU SRDC-ADR Magazine bridges the knowledge gap within the student community on
the position of law that is constantly evolving, and to act as a modicum for healthy exchange of
views and perspectives. The magazine attempts to promote interdisciplinary research and identify
the evolving trends in the practice of ADR. The Magazine employs high publication and editorial
standards in order to deliver articles of calibre and insight. The Magazine, under the able guidance
of its faculty, advisors and benefactors, support of the administration and dedication of its
members, has undertaken progressive measures to live up to its essential function.

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A B O U T S R D C

The Student Research Development Council (‘SRDC’) was

established in 2014 as a platform for students to engage in
collaborative academic research and to foster discussion around
contemporary research questions in law and allied disciplines.

Our objective
The ADR Student Research Group, under the aegis of the Student
Research Development Council, is proud to launch its flagship
initiative, the GNLU SRDC-ADR Magazine, a publication inviting
submissions from experts, working professionals and students
interested in the field of Alternative Dispute Resolution. The aim of
the Magazine is to keep pace with the recent developments, judicial
decisions and practices being adopted in Indian and foreign
jurisdictions. The aim is also to allow and promote a comparative
and interdisciplinary understanding of various dynamics shaping
this field of study.

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ADVISORY BOARD
Prof. (Dr.) S. Shanthakumar
Director,
Gujarat National Law University

Mr. Nitin G. Thakker

Senior Advocate at Bombay High Court
and President of Bombay Bar Association

Dr. Ambati Nageswara Rao

Dean of Research and Publications,
Gujarat National Law University

Dr. William Nunes

Faculty Convenor,
Student Research Development Council

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ADVISORY BOARD
Mr. Naresh Thacker
Partner (Litigation and Dispute
Resolution), Economic Laws Practice

Mr. Madhvendra Singh FCIArb

Arbitrator and Chartered Engineer

Mr. Zehaan Trivedi

Associate, White & Case LLP

Mr. Sameer Pandit

Partner (Litigation and Dispute
Resolution), Wadia Ghandy & Co.

Ms. Neeti Sachdeva

Secretary General and Registrar,
Mumbai Centre for International Arbitration

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EDITORIAL BOARD
EDITOR-IN-CHIEF
RAHUL KANOUJIA

EXECUTIVE EDITOR MANAGING EDITOR

VENKATA SUPREETH PRANIKA CORREA

SENIOR EDITORS ASSOCIATE EDITORS

ACHYUTHA G M ASHIK SHOUKATH
ADITI MOZIKA BHAVYA ARYA
ANSH DESAI DHRUV CHHAJED
CHAITANYA M. HEGDE FAVI SINGLA
MANTHAN NAGPAL SAUMYA BAZAZ
RAGHAV BHARGAVA PRATYUSHA IVATURI
VITI BANSAL HARSHIT J THANKI
STUTI SEHGAL

COPY EDITORS

Akshata Modi Janya Navnitlal Harshit Upadhyay

Gyanda Kakar Raghav Saha Sanigdh Budhia
Shradha Sriram Soumya S. Surya Ravikumar

DESIGN HEAD STUDENT ADVISORS

SHIVAM KAITH SHANTANU SINGH
ZAID DEVA

STUDENT RESEARCH DEVELOPMENT COUNCIL

ASHWANI KUMAR SINGH (STUDENT CONVENER)
KEERTANA VENKATESH (SECRETARY)
BHAVNISH KAUR (TREASURER)

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 CONTENTS
Note from the editors...........................................................................................................8

Power to Grant Anti- Arbitration Injunction by the Civil

Court: An Anomaly or a Safeguard?
Mrs. Jyoti A. Singh & Ms. Nishi Agarwal.......................................................................................................................9

Inter-Relation Between Disclosure and Confidentiality

Anurag Tripath & Vatsala Pant ......................................................................................................................................15

Legality of Unilateral Arbitration Clauses in India:

A critical analysis
Nishant Bajoria & Shreeyash Masurkar ................................................................................................................24

The Legal Status of Emergency Arbitration in India:

An Analysis
Akansha Uboveja & Riddhi Daga .......................................................................................................................................31

China’s Belt and Road Initiative: Reforming Practices in

International Alternative Dispute Resolution
Anirudh Goel...........................................................................................................................................................................................38

Binding Non-Signatory Guarantors to An Arbitration

Agreement: A Judicial Scrutiny
K Sunethra Reddy ............................................................................................................................................................................47

interview: In Conversation with Mr. Ranjit Shetty..........................53

Quarterly ADR Roundup ......................................................................................................59

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NOTE FROM THE EDITORS

We ensue this note by expressing our immense gratitude to the readers, advisors,
contributors and everyone associated with this magazine and the unconditional
support that has been extended to the magazine. Their impervious faith in our
objectives has been instrumental and enlivening to the success of the inaugural issue of
the Magazine. With the magazine making new inroads and gaining recognition, we
hope that it obtains a wider readership and becomes a medium for catalysing free
exchange of thoughts and a credible platform for learning amongst the section of
students and professionals engaged in Alternative Dispute Resolution.
For the fourth edition, the editors are pleased to present the feature interview
conducted on 01st May, 2021 with Mr. Ranjit Shetty, Senior Partner at Argus Partner,
Mumbai. He was most solicitous in sharing his insights and advice with the editorial
team. We take this opportunity to extend our gratitude to Mr. Shetty for engaging
with us.

This issue features six submissions bearing the following titles: Power to grant Anti-
Arbitration injunctions by the Civil Courts: An Anomaly or Safeguard?, Inter-relation between
Disclosure and Confidentiality, Legality of Unilateral Arbitration Clauses in India: A Critical
Analysis, The Legal Status of Emergency Arbitration in India: An insight into Amazon v.
Future Retails, Binding Non-signatory guarantors to an Arbitration Agreement: A Judicial
Scrutiny and Alternative Dispute Resolution under China’s Belt and Road Initiative.

Academic integrity and quality of research have always been the non-negotiable
requirements of the GNLU Academia. The same have been dutifully incorporated in
the context of the Magazine. We have prudently congregated six articles on
contemporary issues of Arbitration which are engaging and informative for both
dilettantes and consummates in Alternative Dispute Resolution. We hope our devoted
attempt is recognized by our readers and contributors and they continue to extend
their support to take our Magazine to new heights.

We hope our readers will enjoy reading the Magazine as much as we did putting it
together for you.

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Power to Grant Anti- Arbitration
Injunction by the Civil Court:
An Anomaly or a Safeguard?
Mrs. Jyoti A. Singh & Ms. Nishi Agarwal
Founder, AJA Legal and Associates Associate, AJA Legal and Associates

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 Inter-Relation Between
Disclosure and Confidentiality
Anurag Tripathi & Vatsala Pant
In-house counsel at Indian Conglomerate Senior Associate, IndusLaw
National Law University, Odisha (2009-2014) Government Law College, Mumbai (2012-2017)

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Legality of Unilateral Arbitration
Clauses in India:
A critical analysis
Nishant Bajoria & Mr. Shreeyash Masurkar
Year III, ILS Law College, Pune Year III, ILS Law College, Pune

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 The Legal Status of Emergency
Arbitration in India:
An Analysis
Akansha Uboveja & Riddhi Daga
Year IV, Hidayatullah National law University Year IV, Hidayatullah National Law University

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China’s Belt and Road Initiative: Reforming
Practices in International Alternative
Dispute Resolution
Anirudh Goel
Year IV, West Bengal National University of Juridical Sciences

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 Binding Non-Signatory Guarantors to An
Arbitration Agreement: A Judicial Scrutiny
K Sunethra Reddy
Year II, Symbiosis Law School, Pune

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Interview: In Conversation with
Mr. Ranjit Shetty
Senior Partner, Argus Partners

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quarterly Alternate Dispute
Resolution Round - Up
(January -March 2021)

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 CONTACT US
[email protected]

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