Global Mercantile v. Indo Unique: Furthering the Pro-Arbitration Approach in India?

[This guest post is authored by Abhinav Gupta who is in his second year at West Bengal National University of Juridical Sciences, Kolkata] A 3-judge bench of the Supreme Court (‘SC’) recently delivered its judgement in N. N. Global Mercantile v. Indo Unique Flame. This piece attempts to provide a critical analysis of the said … Continue reading Global Mercantile v. Indo Unique: Furthering the Pro-Arbitration Approach in India?

Koinos Arbitration Roundup: 1 May 2021 TO 31 May 2021.

Presenting the 3rd edition of Arbitration Roundup - a series of monthly updates on India's arbitration landscape. Court cannot interfere with an arbitral award merely because it disagrees with the arbitral tribunal’s inference drawn from the evidence presented by the parties’: The Delhi High Court in Megha Enterprises v. Haldiram Snacks.[1] Facts The Petitioner, Megha … Continue reading Koinos Arbitration Roundup: 1 May 2021 TO 31 May 2021.

The Dichotomy of Jurisdiction When Exclusive Jurisdiction Is Different from The Seat of Arbitration

[This guest post is authored by Shinjani Agnihotri, a fourth-year student at the Institute of Law, Nirma University] The Dichotomy of Jurisdiction When Exclusive Jurisdiction Is Different from The Seat of Arbitration On 29th January, 2021 the Hon’ble Bombay High Court through its division bench rendered a decision in Aniket SA Investment LLC v. Janapriya Engineers … Continue reading The Dichotomy of Jurisdiction When Exclusive Jurisdiction Is Different from The Seat of Arbitration

Inox Renewables v. Jayesh Electricals: A Renewed Tussle between Seat and Venue

[This guest post is authored by Sumit Kulkarni and Mitali Ingawale. They are final-year LL.B students at ILS Law College, Pune] Inox Renewables v. Jayesh Electricals: A Renewed Tussle between Seat and Venue On 13 April 2021, the Supreme Court in M/S. Inox Renewables Ltd. v. Jayesh Electricals Ltd.,(‘Inox Renewables’) ruled that, in the prevailing … Continue reading Inox Renewables v. Jayesh Electricals: A Renewed Tussle between Seat and Venue

The Issue Of Enforceability Of Interim Orders Passed By Emergency Arbitrators: Amazon v. Future Coupons Private Limited

The dispute between Amazon and the Future Group has brought to the forefront the issue of recognition and enforceability of an interim order passed by an emergency arbitrator under the Arbitration and Conciliation Act, 1996.  After multiple proceedings before the Hon’ble Delhi High Court, the matter is presently before the Hon’ble Supreme Court and was … Continue reading The Issue Of Enforceability Of Interim Orders Passed By Emergency Arbitrators: Amazon v. Future Coupons Private Limited

PASL Wind v. GE Power : A Step Towards Establishing a Pro-Arbitration Regime in India

[This guest post is authored by Sourav Paul, a first year law student at West Bengal National University of Juridical Sciences] Introduction On April 13, 2021, a three-judge bench of the Supreme Court of India, in its recent pro-arbitration case PASL Wind Solutions Private Limited v. GE Power Conversion Private Limited, opined that two Indian … Continue reading PASL Wind v. GE Power : A Step Towards Establishing a Pro-Arbitration Regime in India

Koinos Arbitration Roundup: 15 March 2021 to 30 April 2021.

1. Amazon.Com NV Investment Holdings LLC v. Future Coupons Private Limited, Delhi High Court In 2019, Amazon.com NV Investment Holdings LLC (“Amazon”/ “Petitioner”) had invested INR 1,431 crore (“Investment Amount”) into Future Coupons Private Limited (“FCPL/ “Respondent No. 1”) based on certain special, material protective/negative rights available to FCPL in Future Retail Limited (“FRL/ Respondent … Continue reading Koinos Arbitration Roundup: 15 March 2021 to 30 April 2021.

Documents-only Arbitration in India: Time for a Paradigm Shift?

[This guest post is authored by Angelina Joy and Mahathi Utham Kumar, both studying in their third year at The National University of Advanced Legal Studies (NUALS), Kochi] Documents-only Arbitration in India: Time for a Paradigm Shift? Conventional arbitrations have drawn flak for their protracted hearings. So, among parties, tribunals and academics, there is consensus … Continue reading Documents-only Arbitration in India: Time for a Paradigm Shift?

Indus Biotech v Kotak: Supreme Court on Arbitrability of Insolvency Disputes

[This guest post is authored by Shashwat Awasthi and Anushka, both studying in their fourth year at Dr. Ram Manohar Lohiya National Law University, Lucknow] Indus Biotech v Kotak: Supreme Court on Arbitrability of Insolvency Disputes The relationship between arbitration and insolvency has been the subject of many a discussion among the legal fraternity. This … Continue reading Indus Biotech v Kotak: Supreme Court on Arbitrability of Insolvency Disputes

Interplay between Article 227 of the Constitution and Arbitration and Conciliation Act, 1996

[This guest post is authored by Manya Anjaria. He is currently studying in the 4th Year student at the Institute of Law, Nirma University.] The Arbitration and Conciliation Act, 1996 (‘The Act’) is a great leap in India’s legal framework of recognizing alternative dispute resolution mechanisms. Drafted on the lines of UNCITRAL Model Law on … Continue reading Interplay between Article 227 of the Constitution and Arbitration and Conciliation Act, 1996