[This guest post is authored by Richa Borthakur. She is currently studying in the fourth year at the O. P. Jindal Global University] Avitel v HSBC: Finally a Uniform Standard on Arbitrability of Fraud? Indian courts have long held a pessimistic view towards arbitrability of fraud[1]. Due to the lack of statutory direction, vague tests … Continue reading Avitel v HSBC: Finally a Uniform Standard on Arbitrability of Fraud?
Author: Ritvik M. Kulkarni
Government of India v. Vedanta Limited: Supreme Court fortifies pro-enforcement approach, clarifies limitation period
[This guest post is authored by Dhriti Mehta and Donika Wahi. They are students at Campus Law Centre, University of Delhi.] Government of India v. Vedanta Limited: Supreme Court fortifies pro-enforcement approach, clarifies limitation period The Supreme Court recently in a judgment titled Government of India (GOI) v Vedanta Ltd.[1] (Vedanta) has rendered a decision … Continue reading Government of India v. Vedanta Limited: Supreme Court fortifies pro-enforcement approach, clarifies limitation period
Patel Engineering v NEEPCO: Supreme Court sets aside Award for Patent Illegality
This post is authored by Hitesh Nagpal. He is a third-year student at Maharashtra National Law University, Mumbai. Patel Engineering v NEEPCO: Supreme Court sets aside Award for Patent Illegality On 22 May 2020, the Supreme Court in Patel Engineering Ltd. v. North Eastern Electric Power Corporation Ltd. reaffirmed the scope of ‘patent illegality’, which … Continue reading Patel Engineering v NEEPCO: Supreme Court sets aside Award for Patent Illegality
India’s Oscillating Stance on Anti-arbitration Injunctions
This guest post is authored by Navya Saxena. She is currently studying law (batch of 2023) at the National Law Institute University, Bhopal. India’s Oscillating Stance on Anti-arbitration Injunctions In March 2020, the Delhi High court in Bina Modi v. Lalit Modi [Bina Modi] declined to grant an anti-arbitration injunction based on the reasoning that … Continue reading India’s Oscillating Stance on Anti-arbitration Injunctions
The Permanent Court of Arbitration Delivers its Award on the “Enrica Lexie Incident” between India and Italy
[This guest post is authored by Sahibnoor Singh Sidhu. He is currently pursuing the B. A. LL.B. (Hons.) course [Batch of 2021] at the Jindal Global Law School, Sonepat] The Permanent Court of Arbitration Delivers its Award on the "Enrica Lexie Incident" between India and Italy On 2 July 2020, the arbitral tribunal of the … Continue reading The Permanent Court of Arbitration Delivers its Award on the “Enrica Lexie Incident” between India and Italy
2019 Amendments: Will parties be able to appoint foreign arbitrators in India-seated arbitrations?
[This guest post has been authored by Vedanta Vishwakarma and Sarthak Punetha, both studying in the penultimate year at Gujarat National Law University (GNLU), Gandhinagar. They have a keen inclination towards arbitration and commercial dispute resolution.] 2019 Amendments: Will parties be able to appoint foreign arbitrators in India-seated arbitrations? The Arbitration & Conciliation Act, 1996 (Arbitration … Continue reading 2019 Amendments: Will parties be able to appoint foreign arbitrators in India-seated arbitrations?
Ashwani Minda v. U-Shin: Delhi High Court Refuses Interference with Emergency Award in a Japan-Seated Arbitration
[This guest post is authored by Parina Muchhala. She is a 3rd year student at Maharashtra National Law University, Mumbai. Her key interests lie in domestic and international arbitration, competition law and international economic law.] Ashwani Minda v. U-Shin: Delhi High Court Refuses Interference with Emergency Award in a Japan-Seated Arbitration Emergency arbitration is an … Continue reading Ashwani Minda v. U-Shin: Delhi High Court Refuses Interference with Emergency Award in a Japan-Seated Arbitration
ICSID and UNCITRAL’s Draft Code of Conduct for Adjudicators: A Ray of Hope to Deal with Double Hatting in Investment Arbitration?
[This guest post is authored by Chaitanya M. Hegde, a 2nd-year student at Gujarat National Law University (GNLU), Gandhinagar. His key interest lies in ADR, constitutional law, and business law.] [We would also like to thank our guest editor, Ms Nikita Panse, for reviewing the post and providing her insights. Ms Panse is an Advocate … Continue reading ICSID and UNCITRAL’s Draft Code of Conduct for Adjudicators: A Ray of Hope to Deal with Double Hatting in Investment Arbitration?
Judicial Ambiguity in Enforcement of Investment Awards in India
[This guest post is authored by Aditya Singh Chauhan. Aditya is currently studying law at the National Law University, Jodhpur. Aditya is also the executive editor at the Indian Journal of Arbitration Law (IJAL). He can be reached at c.adityasingh@outlook.com] Judicial Ambiguity in Enforcement of Investment Awards in India The Convention on the Settlement of … Continue reading Judicial Ambiguity in Enforcement of Investment Awards in India
SEAMEC v. OIL (II): Has the Supreme Court Overstepped its Mandate under Section 34?
[This guest post is authored by Malak Bhatt (Advocate on Record, Supreme Court of India) and Atreyo Banerjee (Advocate). They are part of the Chambers of Malak Bhatt. The authors can be reached at malakbhatt@gmail.com and atreyobanerjee2019@gmail.com] SEAMEC v. OIL (II): Has the Supreme Court Overstepped its Mandate under Section 34? The Supreme Court of … Continue reading SEAMEC v. OIL (II): Has the Supreme Court Overstepped its Mandate under Section 34?
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