(This guest post is co-authored by Rahul Kumar and Aditya Singh. Rahul is an advocate at Sarvada and Aditya is a third-year law student at RML-NLU. This post was edited by Devansh Pandit) The doctrine of Verba Chartarum Fortius Accipiuntur Contra Proferentum (“Contra Proferentem”) is a legal principle used in the interpretation of contracts and … Continue reading Finding a Place for Contra Proferentem in Arbitration
ONGC v. Afcons: A Call for Revision of Arbitrators’ Fees
[This guest post is authored by Rahul Kumar, Advocate, Sarvada Legal; Aditya Singh, 3rd year student at Dr. Ram Manohar Lohiya National Law University, Lucknow; and Devashish Jain, 3rd year student at Hidayatullah National Law University, Raipur. The authors can be reached at rahul@sarvada.co.in, adi823549@gmail.com, and devashishjain.2020@hnlu.ac.in. This post has been co-edited by our guest … Continue reading ONGC v. Afcons: A Call for Revision of Arbitrators’ Fees
Discussing the Validity of Pre-conditions for Invocation of Arbitration
[This guest post is authored by Anjali Busar and Khushboo Sharma. Anjali is a fifth-year B.A. LL.B (Hons.) student at National Law University, Lucknow and Khushboo is a third-year B.A. LL.B (Hons.) student at National Law University, Lucknow] Discussing the Validity of Pre-conditions for Invocation of Arbitration Proceedings The incorporation of a multi-tiered dispute resolution … Continue reading Discussing the Validity of Pre-conditions for Invocation of Arbitration
Does an Extension Agreement Need a Specific Arbitration Clause?
[This guest post is authored by Suvanwesh Das. He is a 3rd year B.B.A., LL.B. student at National Law University Odisha] Arbitration agreements, like any other contract, can be overridden by another agreement between the Parties. If the original contract is terminated in its whole, the arbitration agreements contained in such contract may also deemed … Continue reading Does an Extension Agreement Need a Specific Arbitration Clause?
Mitra Guha Builders Co. vs. ONGC Ltd: Examining the scope of Arbitrators in Excepted Matters
[The guest post is authored by Saloni Neema, third year law student from Damodaram Sanjivayya National Law University, Visakhapatnam] Introduction It is well-settled law that arbitrators are creatures of the contract between the parties. In cases where the agreement excludes certain aspects from the purview of the arbitral tribunal, the settled law is that an … Continue reading Mitra Guha Builders Co. vs. ONGC Ltd: Examining the scope of Arbitrators in Excepted Matters
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
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