Challenging Arbitrability of Fraud before a Tribunal in India

This guest post is authored by Udbhav Nanda. He is a practicing advocate at the High Court of Odisha. Udbhav is currently working at the Office of the Advocate General to the State of Odisha and frequently works on domestic arbitration and corporate litigation at the Odisha High Court and insolvency disputes at the NCLT, … Continue reading Challenging Arbitrability of Fraud before a Tribunal in India

India’s Model BIT and Future with Investor-State Dispute Settlement

  [This article was originally written in 2016 and presented by the author at the National Conference on Arbitration on 26-27th August 2016 at ILS Law College, Pune] India’s economic policy was built on the foundations of socialist fervor. It maintained an aversive stand towards foreign investment. Consequently, India did not venture into international investment … Continue reading India’s Model BIT and Future with Investor-State Dispute Settlement

BITs and the Developing Nation’s Paradox: An Indian Perspective

  [This guest post is authored by Abhishar Vidyarthi, a fifth-year law student at Maharashtra National Law University, Mumbai. He presently serves as a research assistant at Asian Arbitration and ADR Alliance, Singapore; and takes a keen interest in international commercial and investment arbitration. He can be reached at avividyarthi@gmail.com] Foreign Direct Investment (FDI) is … Continue reading BITs and the Developing Nation’s Paradox: An Indian Perspective

International arbitration and mediation: great friends or bitter foes?

  [Happy to share that the Indian Arbitration  Blog has been featured on the 'Top 60 Indian Law Blogs and Websites To Follow in 2019'. Click here to check out the list] In 1982, IBM and Fujitsu - the world’s biggest computer giants at the time - descended into a massive legal battle after IBM … Continue reading International arbitration and mediation: great friends or bitter foes?

Job Opportunity @ SAMA, Bangalore

A funded technology enterprise, SAMA (Solve All Matters Amicably) in Bangalore is looking to retain a Lead Counsel with at least 10 years of experience in Alternative Dispute Resolution (ADR). The professional should have a deep understanding of ADR procedures - such as arbitration, mediation and conciliation. The professional will be responsible for handling the … Continue reading Job Opportunity @ SAMA, Bangalore

Court’s Power under Section 11 when a Party Challenges the Discharge of a Contract Containing an Arbitration Clause

    [This post is co-authored by our guest, Manasi M. Kalvit. Manasi is a lawyer with the Dispute Resolution team at Tatva Legal, Mumbai and can be reached at manasikalvit@gmail.com] In United Insurance Co. Ltd v. Antique Art Exports Pvt. Ltd., the Supreme Court refused to appoint an arbitrator on grounds that the underlying … Continue reading Court’s Power under Section 11 when a Party Challenges the Discharge of a Contract Containing an Arbitration Clause

Court’s Role in Appointing Arbitrator when the Contract is Insufficiently Stamped: Then and Now

Recently, in Damont Developers v Brys Hotels[i] (Damont Developers), the Delhi High Court appointed an arbitrator under Section 11 of the Arbitration and Conciliation Act 1996 (Arbitration Act) even though the memorandum of understanding (MoU) containing the arbitration clause was alleged to be insufficiently stamped. The Delhi HC observed that it is well within an … Continue reading Court’s Role in Appointing Arbitrator when the Contract is Insufficiently Stamped: Then and Now

Oral Arbitration Agreements and High Courts’ Power to Recall an Order Appointing Arbitrator under Section 11

Last month, the Supreme Court reaffirmed in Municipal Corporation of Greater Mumbai & Anr. v. Pratibha Industries Ltd (Pratibha Industries) that High Courts, being courts of record, have the inherent power to recall their own orders, even in matters falling under the Arbitration and Conciliation Act, 1996 (Arbitration Act). In a peculiar factual matrix of … Continue reading Oral Arbitration Agreements and High Courts’ Power to Recall an Order Appointing Arbitrator under Section 11

IAB Annual Review: India’s Key Judicial Developments on Arbitration Law in 2018

2018 was a rather interesting year for India’s evolving arbitration landscape. Among other things, last year witnessed several clarificatory decisions on arbitration that were much needed for much long. While Parliament was preparing to enact yet another amendment to the Arbitration and Conciliation Act, 1996 (Arbitration Act), Indian courts continued to interpret and flesh out … Continue reading IAB Annual Review: India’s Key Judicial Developments on Arbitration Law in 2018

Bombay High Court Decides Key Questions on How the Limitation Act Applies to an Application Seeking Arbitrator Appointment

  This guest post is authored by Saurish Shetye. Saurish works with a Mumbai-based law firm. He can be reached at saurish.shetye@gmail.com The Bombay High Court has recently confirmed in Deepdharshan Builders Pvt. Ltd. vs. Saroj that provisions of the Limitation Act, 1963 (Limitation Act) are applicable to applications filed under Section 11(6) of the Arbitration and … Continue reading Bombay High Court Decides Key Questions on How the Limitation Act Applies to an Application Seeking Arbitrator Appointment