Enforcing Emergency Awards in India in the Foreign Seated Arbitrations: Winning a Half-Won Battle

[The guest post is authored by Veddant Majumdar, fifth year law student at Amity Law School, Delhi, GGSIP University] Introduction The demand for codification of emergency arbitration has created a frenzy in the international arbitration jurisprudence, owing to the numerous benefits it has to offer. Emergency arbitration is a mechanism which allows parties to arbitration … Continue reading Enforcing Emergency Awards in India in the Foreign Seated Arbitrations: Winning a Half-Won Battle

Haryana Tourism Ltd. v. M/s Kandhari Beverages Ltd: Analysis on High Court’s power under Section 37 of the Arbitration Act

[The guest post is authored by Akshit Uniyal, fourth year law student at Institute of Law, Nirma University, Ahmedabad, Gujarat.] I. Introduction The Arbitration Act, 1996 (‘Act’) provides the recourse to be taken against an arbitral award if any party is dissatisfied with it. The Act under Section 34 states several reasons for which an … Continue reading Haryana Tourism Ltd. v. M/s Kandhari Beverages Ltd: Analysis on High Court’s power under Section 37 of the Arbitration Act

The Project Director NHAI v. M. Hakeem & Anr.: Supreme Court settles the scope of modifying an arbitral award

[The guest post is authored by Palak Vashishth, final year law student at University of Mumbai Law Academy] Introduction The statutory scheme under Section 34 of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’) provides for the only recourse against an arbitral award, that is, an application in court for setting aside of the award. … Continue reading The Project Director NHAI v. M. Hakeem & Anr.: Supreme Court settles the scope of modifying an arbitral award

Featured: Delos India Launch Event | Invitation | 21 October 2021 | Free Registration 

(This is a featured post. Queries can be addressed to riddhi.joshi@delosdr.org (Riddhi Joshi)/ varad.kolhe@delosdr.org (Varad Kolhe)   Delos Dispute Resolution is an innovative arbitral institution, aimed at making dispute resolution efficient and effective through arbitration. The Delos Board of Advisors is composed of global leaders in the field of international arbitration and dispute resolution. Delos will be holding … Continue reading Featured: Delos India Launch Event | Invitation | 21 October 2021 | Free Registration 

Murky Waters of Quasi-Unilateral Appointment of Arbitrator

[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

PSA Sical v. Tuticorin Port Trust: Circumscribing the scope of an Arbitrator’s authority

[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

Arbitration Roundup: 1 June to 30 June 2021

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

No Power to Modify The Award Under Section 34: Clearing The Mist

[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

Bhaven Construction v S.S.N.N.L.: Supreme Court clarifies Applicability of Writ Jurisdiction to Arbitral Orders

[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

KLA v. The Embassy of Afghanistan: No Foreign Immunity to Enforcement of Foreign Awards in India

[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