[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 (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
[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?
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
[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
[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 firstname.lastname@example.org] Foreign Direct Investment (FDI) is … Continue reading BITs and the Developing Nation’s Paradox: An Indian Perspective
[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?
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
[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 email@example.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
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
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