Mitra Guha Builders Co. vs. ONGC Ltd: Examining the scope of Arbitrators in Excepted Matters

[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

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?