[The guest post is authored by Saloni Neema, third year law student from Damodaram Sanjivayya National Law University, Visakhapatnam] Introduction It is well-settled law that arbitrators are creatures of the contract between the parties. In cases where the agreement excludes certain aspects from the purview of the arbitral tribunal, the settled law is that an … Continue reading Mitra Guha Builders Co. vs. ONGC Ltd: Examining the scope of Arbitrators in Excepted Matters
2015 Arbitration Amendment
BSNL v. Nortel: Supreme Court on Limitation Period for Section 11 Applications and Refusal of Ex-facie Time Barred Claims
[This guest post is authored by Paridhi Galundia. She is currently studying in the 4th Year of her B.A.LLB (Hons.) at Institute of Law, Nirma University] BSNL v. Nortel: Supreme Court on Limitation Period for Section 11 Applications and Refusal of Ex-facie Time Barred Claims In one of her last judgments, Bharat Sanchar Nigam Ltd. … Continue reading BSNL v. Nortel: Supreme Court on Limitation Period for Section 11 Applications and Refusal of Ex-facie Time Barred Claims
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
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
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
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
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