Domestic Arbitration after the Jammu and Kashmir (Reorganisation) Act 2019

This guest-post is authored by Pareekshit Bishnoi. Pareekshit is an advocate practicing before courts and tribunals at Delhi. He graduated from the National Law University, Odisha. We would also like to thank our guest editor Harish Adwant for his review of and his insights on this piece. Mr Adwant is an advocate practising before the Bombay … Continue reading Domestic Arbitration after the Jammu and Kashmir (Reorganisation) Act 2019

Impact of an IBC Moratorium on Arbitral Proceedings

This guest post is authored by Aniesh S. Jadhav. Aniesh is an advocate practicing at the Bombay High Court. He can be reached at anieshjadhav@gmail.com. Impact of an IBC Moratorium on Arbitral Proceedings On admission of an insolvency application, Section 14[1] of the Insolvency and Bankruptcy Code 2016 (IBC) requires the National Company Law Tribunal … Continue reading Impact of an IBC Moratorium on Arbitral Proceedings

Extending Legal Aid Services to Arbitration Proceedings

This guest post is authored by Ashutosh Choudhary. Ashutosh is a BA.LLB. student at National Law University Odisha. He has a keen interest in the laws of arbitration, taxation, and companies. He can be reached at 17ba027@nluo.ac.in Extending Legal Aid Services to Arbitration Proceedings It cannot be gainsaid that arbitration has seen a rapid growth … Continue reading Extending Legal Aid Services to Arbitration Proceedings

Arbitral Tribunal’s Power to Re-examine Interim Reliefs decided by a Court

This guest-post is authored by Pareekshit Bishnoi. Pareekshit is an advocate practicing before courts and tribunals at Delhi. He graduated from the National Law University, Odisha. Pareeskhit regularly appears before the Delhi High Court, Supreme Court, NCLT, NCLAT, and the NCDRC.  He specializes in the laws of arbitration, insolvency and bankruptcy, consumer protection, transfer of … Continue reading Arbitral Tribunal’s Power to Re-examine Interim Reliefs decided by a Court

Arbitration Amendment Quandary 3.0: Supreme Court in HCC v Union of India

This guest post is authored by Chintan Nirala. Chintan is an India-qualified lawyer and has recently obtained a master’s degree in international dispute resolution from King’s College, London. He graduated from University of Allahabad (BA, LLB) in 2017, where he secured the top position in the ADR course. Notably, Chintan has interned with the International … Continue reading Arbitration Amendment Quandary 3.0: Supreme Court in HCC v Union of India

The Fate of Unilaterally Appointed Sole Arbitrators in India: Part – II

[This is the second part of the author's composite article originally published here on Lexology.] In the first part of this post, the Supreme Court’s decision in Perkins was analyzed in light of the parties’ right to choose an appointment procedure under Section 11(2) and the specific legislative purport of Section 12. This part attempts … Continue reading The Fate of Unilaterally Appointed Sole Arbitrators in India: Part – II

(Via Lexology) The Fate of Unilaterally Appointed Sole Arbitrators in India: Part – I

[This is the first part of the author's composite article originally published here on Lexology.]  For arbitration clauses allowing only one party to appoint the sole arbitrator, the Supreme Court observed in Perkins Eastman Architects DPC & Anr. v HSCC (India) Limited[1] (Perkins) that the appointing party’s choice will always have an element of exclusivity … Continue reading (Via Lexology) The Fate of Unilaterally Appointed Sole Arbitrators in India: Part – I

[Via ILO] Insufficiently stamped agreements: can parties still seek interim relief in support of India-seated arbitrations?

[This post was originally published here as an update by International Law Office (ILO)]  In 2019 a three-judge bench (full bench) of the Bombay High Court had to decide whether the courts can exercise their power to grant interim or ad interim reliefs under Section 9 of the Arbitration and Conciliation Act 1996 where the arbitration … Continue reading [Via ILO] Insufficiently stamped agreements: can parties still seek interim relief in support of India-seated arbitrations?

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