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

BSNL v. Nortel: Supreme Court on Limitation Period for Section 11 Applications and Refusal of Ex-facie Time Barred Claims

[This guest post is authored by Paridhi Galundia. She is currently studying in the 4th Year of her B.A.LLB (Hons.) at Institute of Law, Nirma University] BSNL v. Nortel: Supreme Court on Limitation Period for Section 11 Applications and Refusal of Ex-facie Time Barred Claims In one of her last judgments, Bharat Sanchar Nigam Ltd. … Continue reading BSNL v. Nortel: Supreme Court on Limitation Period for Section 11 Applications and Refusal of Ex-facie Time Barred Claims

Arbitration Roundup: 1 to 15 March 2021

Presenting Arbitration Roundup - a series of fortnightly updates on India’s arbitration landscape. The 1st edition contains a list of key developments which took shape between 1-15 March 2021. Proceedings under Section 34 of the Arbitration Act are also covered under Section 14 of the Insolvency and Bankruptcy Code The Supreme Court in the case … Continue reading Arbitration Roundup: 1 to 15 March 2021

Analysing the Validity of Unilateral Arbitration Clauses

[This guest post is authored by Pranika Correa. She is currently studying in the fourth year at Gujarat National Law University. ] Analysing the Validity of Unilateral Arbitration Clauses The major advantages of arbitration are flexibility and autonomy, permitting parties to tailor the terms for their practical and commercial benefit. A unilateral arbitration clause (UAC) … Continue reading Analysing the Validity of Unilateral Arbitration Clauses

Seat v Venue of Arbitration: A Quest for Clarity (Part I)

This guest post is authored by Disha Lohiya. She is currently studying in the third year at National Law University, Jodhpur. Seat v Venue of Arbitration: A Quest for Clarity (Part I) The Arbitration and Conciliation Act, 1996 [“the Act”] does not refer to a seat or venue.  It only refers to the place of arbitration. Section … Continue reading Seat v Venue of Arbitration: A Quest for Clarity (Part I)

Avitel v HSBC: Finally a Uniform Standard on Arbitrability of Fraud?

[This guest post is authored by Richa Borthakur. She is currently studying in the fourth year at the O. P. Jindal Global University] Avitel v HSBC: Finally a Uniform Standard on Arbitrability of Fraud? Indian courts have long held a pessimistic view towards arbitrability of fraud[1]. Due to the lack of statutory direction, vague tests … Continue reading Avitel v HSBC: Finally a Uniform Standard on Arbitrability of Fraud?

Government of India v. Vedanta Limited: Supreme Court fortifies pro-enforcement approach, clarifies limitation period

[This guest post is authored by Dhriti Mehta and Donika Wahi. They are students at Campus Law Centre, University of Delhi.] Government of India v. Vedanta Limited: Supreme Court fortifies pro-enforcement approach, clarifies limitation period The Supreme Court recently in a judgment titled Government of India (GOI) v Vedanta Ltd.[1] (Vedanta) has rendered a decision … Continue reading Government of India v. Vedanta Limited: Supreme Court fortifies pro-enforcement approach, clarifies limitation period