[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
[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
[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
Presenting the 3rd edition of Arbitration Roundup - a series of monthly updates on India's arbitration landscape. Court cannot interfere with an arbitral award merely because it disagrees with the arbitral tribunal’s inference drawn from the evidence presented by the parties’: The Delhi High Court in Megha Enterprises v. Haldiram Snacks. Facts The Petitioner, Megha … Continue reading Koinos Arbitration Roundup: 1 May 2021 TO 31 May 2021.
[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
[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