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

Patel Engineering v NEEPCO: Supreme Court sets aside Award for Patent Illegality

This post is authored by Hitesh Nagpal. He is a third-year student at Maharashtra National Law University, Mumbai. Patel Engineering v NEEPCO: Supreme Court sets aside Award for Patent Illegality On 22 May 2020, the Supreme Court in Patel Engineering Ltd. v. North Eastern Electric Power Corporation Ltd. reaffirmed the scope of ‘patent illegality’, which … Continue reading Patel Engineering v NEEPCO: Supreme Court sets aside Award for Patent Illegality

India’s Oscillating Stance on Anti-arbitration Injunctions

This guest post is authored by Navya Saxena. She is currently studying law (batch of 2023) at the National Law Institute University, Bhopal. India’s Oscillating Stance on Anti-arbitration Injunctions In March 2020, the Delhi High court in Bina Modi v. Lalit Modi [Bina Modi] declined to grant an anti-arbitration injunction based on the reasoning that … Continue reading India’s Oscillating Stance on Anti-arbitration Injunctions

The Permanent Court of Arbitration Delivers its Award on the “Enrica Lexie Incident” between India and Italy

[This guest post is authored by Sahibnoor Singh Sidhu. He is currently pursuing the B. A. LL.B. (Hons.) course [Batch of 2021] at the Jindal Global Law School, Sonepat] The Permanent Court of Arbitration Delivers its Award on the "Enrica Lexie Incident" between India and Italy On 2 July 2020, the arbitral tribunal of the … Continue reading The Permanent Court of Arbitration Delivers its Award on the “Enrica Lexie Incident” between India and Italy

2019 Amendments: Will parties be able to appoint foreign arbitrators in India-seated arbitrations?

[This guest post has been authored by Vedanta Vishwakarma and Sarthak Punetha, both studying in the penultimate year at Gujarat National Law University (GNLU), Gandhinagar. They have a keen inclination towards arbitration and commercial dispute resolution.] 2019 Amendments: Will parties be able to appoint foreign arbitrators in India-seated arbitrations? The Arbitration & Conciliation Act, 1996 (Arbitration … Continue reading 2019 Amendments: Will parties be able to appoint foreign arbitrators in India-seated arbitrations?