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

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

Regulation Gaps on Tribunal Secretaries under Indian Arbitration Framework

[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

The Dichotomy of Jurisdiction When Exclusive Jurisdiction Is Different from The Seat of Arbitration

[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

Documents-only Arbitration in India: Time for a Paradigm Shift?

[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?

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