[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
[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
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 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 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
[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?
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