[This guest post is authored by Mona Das, 3rd year BBA LLB (Hons.) student at Kirit P Mehta School of Law, NMIMS, Mumbai] Murky Waters of Quasi-Unilateral Appointment of Arbitrator Introduction Arbitration, as a mode of dispute resolution, is known or preferred for its fundamental principle of autonomy of parties. Under the aegis of autonomy, … Continue reading Murky Waters of Quasi-Unilateral Appointment of Arbitrator
[This guest post is authored by Archi Jain, a fourth year student at Dr. Ram Manohar Lohiya National Law University, Lucknow] Introduction On 28 July 2021, the Supreme Court in PSA Sical Terminals Pvt. Ltd. v. The Board of Trustees of Chidambaran Port Trust Tuticorin and others (PSA Sical) ruled that arbitrators cannot rewrite the … Continue reading PSA Sical v. Tuticorin Port Trust: Circumscribing the scope of an Arbitrator’s authority
Presenting the 4th edition of Arbitration Roundup – a series of monthly updates on India’s arbitration landscape. Impleadment of a non-signatory does not come under the scope of an interim measure under Section 17 (Hindustan Prefab Ltd v. NCC Ltd , decided on 03.06.2021) Background The Appellant had filed an appeal under Section 37 of the Arbitration and … Continue reading Arbitration Roundup: 1 June to 30 June 2021
[This guest post is authored by Shubham Gandhi, 3rd year student and Tanish Gupta, 2nd year student at National Law University, Jabalpur, India] No Power to Modify The Award Under Section 34: Clearing The Mist Introduction The Supreme Court of India, on July 20, 2021, in the case of National Highways Authority of India (NHAI) … Continue reading No Power to Modify The Award Under Section 34: Clearing The Mist
[This guest post is authored by Sparsh Mallya, a student of Jindal Global Law School] The Indian Supreme Court in Bhaven Construction v Executive Engineer Sardar Sarovar Narmada Nigam Ltd. recently dealt with the issue of whether a writ petition under Articles 226 and 227 of the Constitution of India Act, 1950 seeking to set … Continue reading Bhaven Construction v S.S.N.N.L.: Supreme Court clarifies Applicability of Writ Jurisdiction to Arbitral Orders
[This guest post is authored by Raushan Kumar, a second year student at Damodaram Sanjivayya National Law University, Vishakhapatnam] Section 86 of the Code of Civil Procedure, 1908 (‘CPC’) recognizes sovereign immunity in India and requires a claimant to obtain the Indian Government’s prior approval to institute a ‘suit’ against a foreign state or its … Continue reading KLA v. The Embassy of Afghanistan: No Foreign Immunity to Enforcement of Foreign Awards in India
[This guest post is authored by Pranav Tanwar, LL.M. (Business Laws) student at National Law University, Delhi, India ] Regulation Gaps on Tribunal Secretaries under Indian Arbitration Framework Background: Matters referred to arbitration are getting more complex and voluminous. The procedure associated with arbitration is also growing, and the tribunals are [over]burdened with documents, claims, counterclaims, expert … Continue reading Regulation Gaps on Tribunal Secretaries under Indian Arbitration Framework
[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?
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. Facts The Petitioner, Megha … Continue reading Koinos Arbitration Roundup: 1 May 2021 TO 31 May 2021.
[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