[This guest post is authored by Sparsh Mallya, a student of Jindal Global Law School] The Indian Supreme Court in Bhaven Construction v Executive Engineer Sardar Sarovar Narmada Nigam Ltd. recently dealt with the issue of whether a writ petition under Articles 226 and 227 of the Constitution of India Act, 1950 seeking to set … Continue reading Bhaven Construction v S.S.N.N.L.: Supreme Court clarifies Applicability of Writ Jurisdiction to Arbitral Orders
[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
[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
[This guest post is authored by Abhinav Gupta who is in his second year at West Bengal National University of Juridical Sciences, Kolkata] A 3-judge bench of the Supreme Court (‘SC’) recently delivered its judgement in N. N. Global Mercantile v. Indo Unique Flame. This piece attempts to provide a critical analysis of the said … Continue reading Global Mercantile v. Indo Unique: Furthering the Pro-Arbitration Approach 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 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
[This guest post is authored by Sumit Kulkarni and Mitali Ingawale. They are final-year LL.B students at ILS Law College, Pune] Inox Renewables v. Jayesh Electricals: A Renewed Tussle between Seat and Venue On 13 April 2021, the Supreme Court in M/S. Inox Renewables Ltd. v. Jayesh Electricals Ltd.,(‘Inox Renewables’) ruled that, in the prevailing … Continue reading Inox Renewables v. Jayesh Electricals: A Renewed Tussle between Seat and Venue
The dispute between Amazon and the Future Group has brought to the forefront the issue of recognition and enforceability of an interim order passed by an emergency arbitrator under the Arbitration and Conciliation Act, 1996. After multiple proceedings before the Hon’ble Delhi High Court, the matter is presently before the Hon’ble Supreme Court and was … Continue reading The Issue Of Enforceability Of Interim Orders Passed By Emergency Arbitrators: Amazon v. Future Coupons Private Limited
[This guest post is authored by Sourav Paul, a first year law student at West Bengal National University of Juridical Sciences] Introduction On April 13, 2021, a three-judge bench of the Supreme Court of India, in its recent pro-arbitration case PASL Wind Solutions Private Limited v. GE Power Conversion Private Limited, opined that two Indian … Continue reading PASL Wind v. GE Power : A Step Towards Establishing a Pro-Arbitration Regime in India
1. Amazon.Com NV Investment Holdings LLC v. Future Coupons Private Limited, Delhi High Court In 2019, Amazon.com NV Investment Holdings LLC (“Amazon”/ “Petitioner”) had invested INR 1,431 crore (“Investment Amount”) into Future Coupons Private Limited (“FCPL/ “Respondent No. 1”) based on certain special, material protective/negative rights available to FCPL in Future Retail Limited (“FRL/ Respondent … Continue reading Koinos Arbitration Roundup: 15 March 2021 to 30 April 2021.