#Arbitrators in India

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Mediators in India

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Best Arbitration Lawyers in India: Your Guide to Efficient Dispute Resolution

Introduction to Arbitration

Arbitration is a popular method of resolving disputes, especially in commercial or business scenarios. It offers an alternative to court proceedings, where both parties agree to let an arbitrator – a neutral third party – settle their dispute. You might wonder, why not just go to court? Well, arbitration is faster, more flexible, and often less expensive. And when you have one of the best arbitration lawyers in India by your side, you can ensure that the process runs smoothly and fairly.

Why Choose Arbitration Over Litigation?

The conventional method of settling conflicts is litigation, but it frequently has high costs in terms of stress, money, and time. A more simplified procedure is provided via arbitration. It's similar to selecting a fast lane over a congested highway. Arbitration can provide a binding settlement without the drawn-out judicial processes, provided you have the correct attorney. Have you ever wished there was a faster route out while you were caught in a line? That easier, quicker route is arbitration.

What Does an Arbitration Lawyer Do?

"What exactly does an arbitration lawyer do?" one may wonder. Arbitration attorneys are specialists in resolving conflicts. From case preparation to appearing on your behalf before the arbiter, they serve as your mentor during the arbitration procedure. They guarantee the protection of your rights and the provision of all information required for the arbitrator to render a just ruling. In many cases, having an experienced attorney on your side might be the difference between success and failure.

How to Choose the Best Arbitration Lawyer in India

There are a number of things to take into account while selecting the top arbitration lawyer in India. Look for experience first. Does the attorney have experience representing clients in arbitration proceedings like yours? Second, it's important to communicate.

Qualifications of Top Arbitration Lawyers

The best arbitration lawyers in India usually have a strong academic foundation and have received specific training in arbitration and conflict resolution. They have years of expertise managing both local and international arbitration disputes, and they are members of reputable legal organizations. You will always have a greater chance of victory if your attorney is knowledgeable with the ins and outs of arbitration law as well as legal technicalities.

What Makes a Good Arbitration Lawyer?

An effective arbitration attorney is a strategic thinker as well as a legal specialist.They understand the nuances of arbitration law, but they also know how to negotiate and persuade. Being able to see the bigger picture and anticipate the other party’s moves is what separates the best from the rest. Would you trust a chess player who can’t think two moves ahead? Similarly, your arbitration lawyer needs to think steps ahead to protect your interests.

The Arbitration Process in India

When both parties consent to arbitrate, the arbitration procedure starts. Both parties submit their arguments and supporting documentation after the arbitrator has been chosen. The arbitrator then makes a decision, which is legally binding. From beginning to end, the procedure is typically quicker than going to court.  A seasoned arbitration lawyer will ensure that your case is well-prepared and effectively presented to the arbitrator.

Benefits of Hiring an Expert Arbitration Lawyer

Hiring an expert arbitration lawyer comes with numerous benefits. They can help you save time, reduce costs, and avoid the complexities of litigation. A skilled lawyer will also guide you through the arbitration agreement, ensuring that everything is in your favor. With an expert by your side, you are more likely to achieve a favorable outcome.

Common Types of Arbitration Cases in India

Arbitration is commonly used in disputes involving business contracts, real estate, and construction. However, it’s not limited to commercial cases – even personal disputes like family or employment matters can be resolved through arbitration. In India, arbitration has become a go-to solution for resolving issues related to corporate transactions, shareholder agreements, and trade disputes.

Challenges Faced in Arbitration

Even while arbitration is typically more effective than litigation, there are certain difficulties. Issues like selecting a neutral arbitrator or ensuring that both parties comply with the decision can complicate the process. Additionally, the arbitration agreement itself must be carefully drafted to avoid any loopholes. This is where having the best arbitration lawyers in India makes a significant difference.

How Arbitration Lawyers Help Navigate Complex Cases

Arbitration cases can become complex, especially when large sums of money or international contracts are involved. An expert arbitration lawyer will navigate these complexities by ensuring that all legal procedures are followed, the evidence is well-organized, and the arbitrator understands the key points of the case.

The Cost of Hiring an Arbitration Lawyer

One common concern is the cost of hiring an arbitration lawyer. While fees vary depending on the lawyer’s experience and the complexity of the case, remember that quality legal representation is an investment. Hiring the best lawyer may seem expensive upfront, but the value they bring in terms of time and money saved, and a potentially favorable outcome, is invaluable.

The Role of Vishnu Mehra & Co. Law Offices

When looking for the best arbitration lawyers in India, Vishnu Mehra & Co. Law Offices is a name you can trust. With decades of experience and a strong reputation, their legal team specializes in arbitration and dispute resolution, ensuring that clients receive the best possible representation.

Final Thoughts on Choosing the Best Arbitration Lawyer

Choosing the right arbitration lawyer can make a world of difference in how your dispute is resolved. From saving time to ensuring a fair outcome, the benefits of hiring the best arbitration lawyers in India cannot be overstated. So, when you find yourself facing a conflict, make sure you have the right lawyer by your side to help you navigate the complex waters of arbitration.

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Government issues Revised list of Tyres exempted from QCO & BIS in India

Government issues Revised list of Tyres exempted from QCO & BIS in India

“Indirect Tax I Customs I Arbitration I Advisory I Central Licensing support” Dated: 06.09.2024 Government issues Revised list of Tyres exempted from QCO & BIS in India The L&R section of DPIIT has issued an Office Memorandum (OM) clarifying that 960 Nos of different tyre sizes are now exempted from the mandatory QCO & BIS registration in India. The said committee has decided the…

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Achieving Fair Resolutions: The Expertise of Arbitration Lawyers

Trilegal, a prominent legal firm, boasts a stellar team of arbitration lawyers, making it a distinguished player in the realm of dispute resolution. With a focus on precision, expertise, and client satisfaction, Trilegal's arbitration lawyers navigate the complexities of legal disputes with finesse. From commercial to international arbitration, the firm's seasoned professionals are well-versed in providing strategic counsel, ensuring clients receive tailored solutions. Trilegal's commitment to excellence and a client-centric approach positions it as a go-to destination for businesses seeking effective dispute resolution. The firm's arbitration lawyers bring a wealth of experience and a proactive mindset to each case, making Trilegal a trusted partner in achieving favorable outcomes in the challenging landscape of arbitration.

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Best International Arbitrator in India

Looking for the Best International Arbitrator in India? Look no further than the Law Offices of India. We provide efficient and effective arbitration solutions to your specific needs. Our team of skilled arbitrators possesses extensive knowledge of both domestic and international arbitration laws, ensuring fair and impartial resolution of disputes. For more information about the Best Arbitrator in Delhi NCR visit the official website.  

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Exploring Arbitration and Conciliation as Alternative Dispute Resolution Methods

In today's rapidly changing corporate world, finding efficient and effective strategies to resolve disputes is crucial for businesses to thrive and sustain their operations. Traditional court proceedings can be time-consuming, expensive, and adversarial, leading to a search for alternative methods of dispute resolution. This is where arbitration and conciliation, as forms of alternative dispute resolution (ADR), come into play.

Arbitration and conciliation provide parties involved in a dispute with flexible, private, and potentially less adversarial platforms to seek resolution. These methods involve the assistance of a neutral third party, either an arbitrator or a conciliator, who facilitates the resolution process by guiding the parties towards a mutually satisfactory outcome. Unlike traditional litigation, arbitration and conciliation offer parties more control over the process, allowing for tailored solutions that align with their specific needs and preferences.

Arbitration:

Arbitration is a formal dispute resolution process where parties agree to present their cases to one or more arbitrators who will render a binding decision.

Benefits of Arbitration:

1. Flexibility and Control: Parties have more control over the arbitration process, including the selection of arbitrators, procedural rules, and timing of hearings. This flexibility allows for a more tailored and efficient resolution.

2. Confidentiality: Arbitration proceedings are typically confidential, ensuring that sensitive information and business matters remain private.

3. Expertise: Parties can choose arbitrators with specialized knowledge in the subject matter of the dispute, ensuring that the decision-makers have a deep understanding of the issues involved.

4. Efficiency: Arbitration often proceeds more quickly than traditional court litigation, resulting in faster resolutions and cost savings for the parties.

5. Enforceability: Arbitral awards are generally enforceable in courts, providing a mechanism for parties to seek enforcement of the decision if necessary.

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NON-ARBITRABLE CASES

Introduction

Alternative Dispute Resolution as a means of settling disputes out of court is gaining precedence across the world. Most disputes that arise may be resolved through methods such as arbitration, conciliation and mediation services amongst alternative options of redressal. However, there are certain classes of disputes that cannot be resolved as easily. They are non-arbitrable in the sense that requisite authority has not been provided under the law to resolve them privately. For instance, Section 2(3) of the Arbitration Mediation and Conciliation Act, 1996 (“A & C Act) ousts the jurisdiction of arbitral tribunals wherein the laws in force provide that the particular dispute is not arbitrable.

Non-arbitrability

At first glance it might seem that this is in direct contrast with the terms agreed upon in the New York Convention and UNCITRAL Model Law since the objective of the Convention is to arm arbitration as a method and ensure the enforceability and execution of arbitral awards across multiple jurisdictions. Therefore, it could be concluded that non-arbitrability clauses in Indian law are not compliant with this objective.

However, it should be noted that Articles 34 and 36 of the UNCITRAL Model Law on International Arbitrations provides that no arbitral award shall be recognized or enforceable in states where the subject matter of arbitration is not capable of being settled out of court or if the award is against the public policy of such state. The same words have been reiterated by the A&C Act, 1996 under sections 34 (2) and 48(2). The law, both international and domestic, is thus clear that not every issue may be arbitrable and that arbitral awards may be set aside in accordance with the laws of that country.

What constitutes the non-arbitrability of a particular class of issues?

The A&C Act, 1996 in its entirety does not provide for the class of issues that are non-arbitrable. This has been determined by judicial precedents and other special statutes. Two cases hold the field and provide the necessary guidelines to determine the arbitrability of a case. They are –

Booz Allen & Hamilton Inc v SBI Home Finance Ltd, (2011) 5 SCC 532

Vidya Drolia and others v Durga Trading Corporation, (2021) 2 SCC 1

It may be useful, in this context, to understand the scope of the rights available to parties in regard to disputes. These are as follows:

a) Rights in Rem

b) Rights in Personam

Right in rem is a right the person exercises against the world at large while right in personam is a right that is exercisable only against specific person/s.

Any case that involves an element of right in rem is generally non-arbitrable and by default, taken up by the public fora. The types of remedy involved are not those which an arbitral tribunal is empowered to give. On the other hand, rights in personam are enforceable only against certain people, and are civil in nature; hence, these are amenable to arbitration though this is not a rigid or inflexible rule.

Booz Allen & Hamilton Inc v SBI Home Finance Ltd

The case is foundational to the development of the parameters of non-arbitrability of disputes and the Supreme Court laid down general rules in this regard.

The Court discussed the three facets of arbitrability relating to the jurisdiction of the arbitral tribunal herein:

i) whether the disputes are capable of adjudication and settlement by arbitration? That is, whether the disputes could be resolved by a private forum chosen by the parties (the arbitral tribunal) or whether they would exclusively fall within the domain of public fora (courts)

(ii) Whether the disputes are covered by the arbitration agreement? That is, whether the disputes are enumerated or described in the arbitration agreement as matters to be decided by arbitration or whether the disputes fall under the `excepted matters' excluded from the purview of the arbitration agreement.

(iii) Whether the parties have referred the disputes to arbitration? That is, whether the disputes fall under the scope of the submission to the arbitral tribunal, or whether they do not arise out of the statement of claim and the counterclaim filed before the arbitral tribunal.

The Court also pointed out that adjudication in certain categories of cases were reserved for public fora exclusively as a matter of public policy. Other categories of proceedings, though not reserved exclusively for adjudication by public fora including courts and tribunals, may, by necessary implication stand excluded from the ambit of private fora. Furthermore, the Court added, subordinate rights in personam arising from rights in rem have always been considered to be arbitrable and hence may form one of the exceptions to the above.

The class of cases that cannot be arbitrated, as cited by the court in this case, includes-

(i) disputes relating to rights and liabilities which give rise to or arise out of criminal offences;

(ii) matrimonial disputes relating to divorce, judicial separation, restitution of conjugal rights, child custody;

(iii) guardianship matters;

(iv) insolvency and winding up matters;

(v) testamentary matters (grant of probate, letters of administration and succession certificate); and

(vi) eviction or tenancy matters governed by special statutes.

In A. Ayyasamy vs A. Paramasivam & Ors, J. D. Y. Chandrachud commented that there are classes of disputes which fall within the jurisdiction of special fora created under legislation which exclude the jurisdiction of the ordinary civil court.

Vidya Drolia and others v Durga Trading Corporation

In Vidya Drolia, while coming to an understanding of whether arbitrability can be analyzed by the Courts under Section 8 or 11 of the Act, J. N.V. Ramana, in agreement with J. Sanjiv Khanna held that Sections 8 and 11 of the Act have the same ambit with respect to judicial interference i.e. scope of judicial review and jurisdiction of the court is identical but extremely limited and restricted.

Subject matter arbitrability cannot be decided at the stage of Sections 8 or 11 of the Act, unless it’s a clear case of deadwood. The restricted and limited review is to check and protect parties from being forced to arbitrate when the matter is demonstrably ‘non-arbitrable’ and to cut off the deadwood.

The scope of the Court to examine the prima facie validity of an arbitration agreement includes only: a. Whether the Online arbitration agreement was in writing? or b. Whether the arbitration agreement was contained in exchange of letters, telecommunication etc? c. Whether the core contractual ingredients qua the arbitration agreement were fulfilled? d. On rare occasions, whether the subject ­matter of dispute is arbitrable?

The Court, under Sections 8 and 11, has the power to refer a matter to arbitration or to appoint an arbitrator, as the case may be, unless a party has established a prima facie (summary findings) case of non-­existence of valid arbitration agreement.

The Court has the power to refer a matter if the validity of the arbitration agreement cannot be determined on a prima facie basis, as laid down above, i.e., ‘when in doubt, do refer’.

The Court may interfere at the Section 8 or 11 stage, as little as possible, when it is manifestly and ex facie certain that the arbitration agreement is non- existent, invalid or the disputes are non-arbitrable, though the nature and facet of non-arbitrability would, to some extent, determine the level and nature of judicial scrutiny.

In conclusion

Taking into consideration the aforementioned aspects, the Apex Court has provided much-needed clarity into the classes of cases that are not arbitrable and provided suitable reasons for the categorisation. Even though ADR is a powerful tool for those seeking dispute resolution, not every case is arbitrable because of the inherent nature of the rights, procedures and obligations involved under the existing law.

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When You Need a Legal Document, We Have You Covered

A partnership agreement is a document that lays out the terms of a partnership. It typically includes how partners will be compensated, how they will share profits and losses, how they will divide up tasks, and what to do in case of dissolution or death.

There are many different types of LAW OF PARTNERSHIP. The most common type is for two people who are equal partners in the business. The agreement should specify what percentage each partner owns, how much money each partner has invested in the business, and what their work responsibilities are. There should also be a clause specifying what to do if one partner wants to dissolve the company or dies.

The LAW OF PARTNERSHIP agreements are a crucial part of the business when it comes to your company’s success. These agreements will help you to avoid future problems that may arise with partners.

Lawyers are required to be aware of the different types of law firm partnership agreements and what they mean for them and their business. They should look for an agreement that fits their needs and avoid any agreement that could cause future problems.

The law of partnership is a set of guidelines that governs the relationships between partners in a business. The law of partnership agreements are the most important legal documents that every firm needs to have. These agreements will help you know what to expect from your partner and vice versa.

The first step in drafting an agreement is to identify the type of agreement you want to draft and decide on its terms. You can either draft a partnership agreement, which will be binding on all partners, or a limited partnership agreement, which will be binding only on the partners who sign it and their future successors.

This paper will discuss the important law firm partnership agreements your firm will need. It will also provide a step by step guide on how to make those ARBITRATION STEP BY STEP.

In today's world, it is important that all lawyers are aware of the law and how it applies to their everyday lives. This is especially true for any lawyer who has a legal practice with other lawyers or partners. The most important law firm partnership agreements your firm needs are discussed below:

-Non-Compete Agreement

-Partner Dispute Resolution Agreement

-Partner Compensation Agreement

-Lawyer Referral Agreement

-Law Firm Partnership Agreement

A partnership agreement is an agreement between two or more people who have agreed to form a business. The agreement specifies the rights and responsibilities of each partner, including the share of profits.

A partnership agreement is an important document for any law firm. It lays out the rules for how the partners will deal with their clients and what happens when there are disagreements.

Partnerships are the backbone of any law firm. They are what keep a business running. There are many different types of partnerships. The most common is the general partnership, which is one that has more than one person contributing to the business and sharing profits equally. These agreements can be difficult to navigate, but they are necessary for any law firm that wants to stay successful in this industry. The Law of Partnership Arbitration Step by Step outlines some of the most important aspects of these agreements, including how to handle disputes and how to dissolve a partnership if it becomes necessary. It also provides information about what happens when there is no written agreement between partners and how to create an agreement with each partner’s best interests in mind.

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Resolve all your disputes seamlessly by hiring the best Arbitrators in India from the Jupitice ADR Marketplace without worrying about the hassles of the court.

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Finding the Best Arbitration Lawyers in India: A Comprehensive Review

Handling disagreements, whether personal or business-related, may be like traveling through a maze. Arbitration is a common means for resolving such conflicts outside of court, and hiring the appropriate counsel can make all the difference. If you're looking for the top arbitration attorneys in India, this article will show you what to look for and how to locate the greatest fit for your needs. 

Understanding Arbitration

Arbitration is similar to a private court in which disagreements are handled by a neutral third party rather than a judge. Think of it as a streamlined, often faster version of going to court. This process can save time and reduce costs, which is why many prefer it over traditional litigation.

Why Arbitration?

Arbitration offers several benefits, including confidentiality, flexibility, and the ability to choose an arbitrator with specific expertise. Imagine arbitration as a tailored suit compared to the off-the-rack option of going through regular court procedures. It's personalized to your specific needs and situations.

Qualities of the Best Arbitration Lawyers

The best arbitration lawyers in India share a few key traits. They have a deep understanding of arbitration laws, excellent negotiation skills, and a track record of successful cases. They should also be adept at communication and able to handle complex legal arguments with ease.

Researching Arbitration Lawyers

When searching for top arbitration lawyers, start with a thorough research process. Look for lawyers or firms with a solid reputation in the field of arbitration. Check their educational background, professional experience, and specific achievements in arbitration cases. Websites, legal directories, and client reviews are excellent resources for this.

Top Arbitration Law Firms in India

India has numerous well-known legal firms that specialize in arbitration. Some firms, like Vishnu Mehra & Co. Law Offices, are noted for their extensive experience and successful case outcomes. These firms often have teams of experienced lawyers who are well-versed in both national and international arbitration.

Spotlight on Vishnu Mehra & Co. Law Offices

Vishnu Mehra & Co. Law Offices stands out for its expertise in handling complex arbitration cases. Known for their strategic approach and client-focused service, they offer a range of services from initial consultation to full representation in arbitration proceedings. Their reputation for excellence makes them a top choice for many seeking arbitration solutions.

How to Evaluate a Lawyer’s Experience

Experience is crucial when it comes to arbitration. Evaluate a lawyer’s background by looking at their past cases, their role in those cases, and their success rates. A lawyer with substantial experience in arbitration will be more adept at handling intricate details and challenging disputes.

Client Reviews and Testimonials

Client reviews and testimonials can provide valuable insights into a lawyer’s effectiveness and professionalism. Look for feedback on their ability to communicate, their commitment to the case, and their overall success. Positive testimonials from previous clients can be a strong indicator of a lawyer’s reliability and skill.

Initial Consultations

Most arbitration lawyers offer an initial consultation, which is your chance to assess their suitability for your case. During this meeting, discuss your case, ask about their approach, and gauge their understanding of your issues. This is also an opportunity to evaluate how comfortable you feel working with them.

Cost of Arbitration Services

Understanding the cost structure of arbitration services is important. Lawyers may charge fixed fees, hourly rates, or success-based fees. Clarify these information up front to avoid any surprises later on. Transparent discussions about costs ensure that you’re fully aware of what to expect financially.

Common Questions to Ask

When meeting with an arbitration lawyer, ask questions like:

What is your experience with arbitration cases similar to mine?

What are the potential outcomes and risks of my case?

How do you plan to approach my case?

What are your fees and billing practices?

These questions will help you gauge the lawyer’s expertise and ensure they’re a good fit for your needs.

The Role of Referrals

Referrals from reputable sources, such as friends, family, or business acquaintances, may be quite useful. A referral provides a personal endorsement and often includes insights that you might not find through online research. Don't be afraid to ask your network for suggestions.

Preparing for Your Arbitration Case

Once you’ve chosen a lawyer, proper preparation is key to a successful arbitration process. Gather all relevant documents, outline your case clearly, and ensure you’re ready to discuss all aspects of the dispute. Effective preparation helps your lawyer build a stronger case on your behalf.

Alternative Dispute Resolution Methods

While arbitration is a popular choice, there are other methods of dispute resolution, such as mediation and negotiation. Each method has its own advantages and may be more suitable depending on your case. Discuss these options with your lawyer to determine the best approach for your situation.

Conclusion

Finding the best arbitration lawyers in India is a crucial step in resolving disputes efficiently and effectively. By researching thoroughly, considering key qualities, and evaluating potential lawyers carefully, you can find a legal expert who will guide you through the arbitration process with confidence. Remember that a well-chosen lawyer can significantly impact the result of your case.

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Two weeks ago, female wrestler Vinesh Phogat became the first woman from India to make the Olympic finals—and was promptly disqualified for being 100 grams overweight.

On August 9, Vinesh Phogat announced her retirement from the sport of wrestling in a post on X. After the previous day’s incidents, it was a message that many had been expecting.

Vinesh experienced the highest of highs at the Paris Olympics. She defeated an unbeaten Olympic champion wrestler who was considered not just the favourite in her weight division but across every weight division at the quadrennial event. She became the first Indian woman wrestler to reach an Olympic final. However, Vinesh also faced the lowest of lows at the Olympics. No one had ever reached an Olympic final only to be denied the chance to compete because they had failed to make weight on the day of the competition.

Vinesh had taken her case to the Court of Arbitration for Sport, seeking at least to be awarded a silver medal by virtue of reaching the final. If she had succeeded, she would have set a precedent, but, much to the disappointment of the nation, her appeal was turned down by the sole arbitrator, Annabelle Bennett.

...

Vinesh has always been a fighter. Tragedy has followed her, yet somehow, against the odds, she has emerged victorious.

When she was nine, her father was shot dead by someone in her village, believed to be a mentally disturbed relative, just outside their front door. Her mother, a young widow, refused the custom of marrying her husband’s brother. She battled cancer single-handedly. Through it all, she raised a firebrand daughter, who refused to back down.

Her cousins, who grew up near her home, were the more famous girls of the family. Geeta and Babita were among the first to win gold at the Commonwealth Games. They had a movie made about them — Dangal — which made the ‘Phogat sisters’ iconic in Indian sports.

Vinesh didn’t feature in that movie. The events described in it took place too early in her career. But she wouldn’t be satisfied with being one of the Phogat sisters — she would become ‘The Phogat’ sister.

Talk to any of her peers .— and even some of her rivals in Indian wrestling – and there is, in some cases, grudging, genuine respect. She is considered the most instinctive and natural wrestler India has ever produced in women’s freestyle wrestling.

Her career is as much a highlight reel as anything out of a movie. No one in women’s wrestling compares. No Indian woman wrestler has won three Commonwealth gold medals as she did in 2014, 2018, and 2022. No one has won an Asian Games gold medal as she did in 2018. No one has won two World Championships medals as she did in 2019 and 2022.

The one medal missing from her collection is the Olympic medal — which she fought bitterly for.

...

Vinesh has had terrible luck at the Olympics — the only competition that seems to matter to Indians. In 2016, she was one of the favourites in the Indian team before her knee was bent out of shape in the quarterfinals. In 2020, she was one of the world’s favourites to medal in the women’s 53kg weight class. Then, suddenly, a freak weight cut left her physically and psychologically broken, unable to coordinate her movements on the mat. She lost to a wrestler she had beaten comfortably just a month before. Now, in Paris, another poor weight cut left her at the lowest point of her wrestling career.

Her battles, though, haven’t been restricted to the mat. Perhaps the most significant one Vinesh has fought has been for the safety of young girls in the sport. In pursuing this fight, she took on one of the most powerful men in Indian sports — Brij Bhushan Sharan Singh.

When her rivals were preparing for the Olympics, Vinesh was fighting on the streets of New Delhi, where she, and few other fellow wrestlers, accused Brij Bhushan, a five-time member of parliament and the long-time president of the Wrestling Federation, of sexual harassment.

The longer she stayed on the streets, the slimmer her chances on the mat became. Yet, she continued to prioritise what she felt was right. In doing so, Vinesh showed the kind of courage almost uniformly lacking in most sportspersons in India. Most of them, as the saying goes, “crawl when asked to bend.” Vinesh’s spine has been ramrod straight. She had the courage to take on the system without caring about the consequences. She displayed it even though it cost her what she loved the most — the chance to wrestle.

Only when her protest was forced off the streets and entered the court did Vinesh finally get a chance to compete.

This article delves into her struggle to rein in her weight as the Olympic timeline unfolded. It's horrifying to read.

TW for fatphobia and people with eating disorders and body dysmorphia: fatphobia:

Even as she had been winning, Vinesh’s nutritionist had been nervously monitoring her food and fluid intake.

She had a celebratory glass of juice in the morning right after she had first made weight – 300 grams. She had another couple of litres of fluid to rehydrate herself before her bout - another 2000 grams of body weight gained. A couple of light snacks throughout the day to keep her energy up meant 700 grams more.

By the time Vinesh was done with her day’s competition, she weighed 52.7 kg.

August 7:

As the hours rolled into the night, it was clear that something had gone very wrong. After weeks of dehydration, the human body, once it gets rehydrated, simply refuses to give up water. Even urination becomes impossible.

Vinesh didn’t sleep all through the night of August 6. She was on the treadmill for six hours and in the sauna for another three. She didn’t consume a bite of food or drink a drop of water. Every few hours, she stood on a weighing scale. The numbers were getting smaller but not fast enough. In desperation, her coaches trimmed the elastic in the bottom of her costume. They thought of chopping her hair and then did it.

But the scale didn’t budge.

The function of weight classes is to prevent outsized mismatches in strength due to body mass and minimize injury. Pathologizing what is clearly water weight to this extent and subjecting athletes to this kind of psychological torture due to minute variables is simply making what is essentially a safety measure into a punitive arbitrary criteria that has huge implications for racialized fatphobia for female athletes and the reinforcement of toxic diet culture across the board. It's misogynistic, unscientific and fucked. This article goes into more detail about Phogat's career-long battle with her weight— a yo-yo of losing too much, and then too little. Indistinguishable from an eating disorder, only one imposed by the standards of international sports.

You will never convince me that a white athlete would have been disqualified in the lightest weight category for a weight less than a bar of soap. The disqualification retroactively places her dead last, which is added cruelty. The refusal to revise this and even award her a joint silver is just adding racist insult to racist injury.

Phogat spoke two days ago about her devastation at being disqualified by racism and fatphobia with a three page post on twitter.

And on top of all of this, because the Indian National Congress political party welcomed her with a road show that outshone the alt-right BJP's own planned welcome, the Hindutvas in her own country have launched a hate campaign against her.

This copy-paste has "disqualified in Rio 2016" trending on twitter. It's doubly cruel and fatphobic because she wasn't disqualified for being overweight, she sustained a knee injury.

After the witch hunt against Imane Khelif and Lin Yu-ting, I'm just so fucking done with the Olympics. The outsize importance of this competition is nothing but an anvil to break entire careers on and offers female athletes of colour on a platter for all the world's vultures.