No Power to Modify The Award Under Section 34: Clearing The Mist

[This guest post is authored by Shubham Gandhi, 3rd year student and Tanish Gupta, 2nd year student at National Law University, Jabalpur, India] No Power to Modify The Award Under Section 34: Clearing The Mist Introduction The Supreme Court of India, on July 20, 2021, in the case of National Highways Authority of India (NHAI) … Continue reading No Power to Modify The Award Under Section 34: Clearing The Mist

Regulation Gaps on Tribunal Secretaries under Indian Arbitration Framework

[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

The Dichotomy of Jurisdiction When Exclusive Jurisdiction Is Different from The Seat of Arbitration

[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

Documents-only Arbitration in India: Time for a Paradigm Shift?

[This guest post is authored by Angelina Joy and Mahathi Utham Kumar, both studying in their third year at The National University of Advanced Legal Studies (NUALS), Kochi] Documents-only Arbitration in India: Time for a Paradigm Shift? Conventional arbitrations have drawn flak for their protracted hearings. So, among parties, tribunals and academics, there is consensus … Continue reading Documents-only Arbitration in India: Time for a Paradigm Shift?

Indus Biotech v Kotak: Supreme Court on Arbitrability of Insolvency Disputes

[This guest post is authored by Shashwat Awasthi and Anushka, both studying in their fourth year at Dr. Ram Manohar Lohiya National Law University, Lucknow] Indus Biotech v Kotak: Supreme Court on Arbitrability of Insolvency Disputes The relationship between arbitration and insolvency has been the subject of many a discussion among the legal fraternity. This … Continue reading Indus Biotech v Kotak: Supreme Court on Arbitrability of Insolvency Disputes

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

Seat v Venue of Arbitration: A Quest for Clarity (Part I)

This guest post is authored by Disha Lohiya. She is currently studying in the third year at National Law University, Jodhpur. Seat v Venue of Arbitration: A Quest for Clarity (Part I) The Arbitration and Conciliation Act, 1996 [“the Act”] does not refer to a seat or venue.  It only refers to the place of arbitration. Section … Continue reading Seat v Venue of Arbitration: A Quest for Clarity (Part I)

Avitel v HSBC: Finally a Uniform Standard on Arbitrability of Fraud?

[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?

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