[This guest post is authored by Raghav Agrawal, a third-year B.A., LL.B. (Hons.) student at Hidayatullah National Law University, Naya Raipur] One of the mistakes in corporate drafting today is to include "can" or "may" in a clause that addresses the dispute resolution mechanism, with the intention of improving out-of-court options. However, the Supreme Court of … Continue reading Nagreeka Indcon v Cargocare Logistics: Unpacking the Effect of ‘Can’ and ‘Shall’ in an Arbitration Clause
Arbitration
Whose Truth is it Anyway? The Silent Geopolitics Inside Your Arbitration Algorithm
[This guest post is authored by Shubham Shrivastva, Penultimate Year Law Student, Dharmashastra National Law University] Consider the following thought exercise. Into an international arbitration, two legal teams go. At stake are the multi-billion-dollar investments of a western energy firm pitted against a state-owned Asian enterprise. Both sides use advanced document review platforms equipped with … Continue reading Whose Truth is it Anyway? The Silent Geopolitics Inside Your Arbitration Algorithm
ASF Buildtech v Shapoorji Pallonji: Dissecting the Arbitral Tribunal’s Power to Implead Non-signatories
In ASF Buildtech Private Limited v Shapoorji Pallonji & Co Private Limited[1] (ASF Buildtech), the Supreme Court recently clarified that an arbitral tribunal has the power to implead a non-signatory who is bound by an arbitration agreement. Along with the key findings in ASF Buildtech, this piece sets out a few thoughts on the test … Continue reading ASF Buildtech v Shapoorji Pallonji: Dissecting the Arbitral Tribunal’s Power to Implead Non-signatories
ONGC v. Afcons: A Call for Revision of Arbitrators’ Fees
[This guest post is authored by Rahul Kumar, Advocate, Sarvada Legal; Aditya Singh, 3rd year student at Dr. Ram Manohar Lohiya National Law University, Lucknow; and Devashish Jain, 3rd year student at Hidayatullah National Law University, Raipur. The authors can be reached at rahul@sarvada.co.in, adi823549@gmail.com, and devashishjain.2020@hnlu.ac.in. This post has been co-edited by our guest … Continue reading ONGC v. Afcons: A Call for Revision of Arbitrators’ Fees
Discussing the Validity of Pre-conditions for Invocation of Arbitration
[This guest post is authored by Anjali Busar and Khushboo Sharma. Anjali is a fifth-year B.A. LL.B (Hons.) student at National Law University, Lucknow and Khushboo is a third-year B.A. LL.B (Hons.) student at National Law University, Lucknow] Discussing the Validity of Pre-conditions for Invocation of Arbitration Proceedings The incorporation of a multi-tiered dispute resolution … Continue reading Discussing the Validity of Pre-conditions for Invocation of Arbitration
Does an Extension Agreement Need a Specific Arbitration Clause?
[This guest post is authored by Suvanwesh Das. He is a 3rd year B.B.A., LL.B. student at National Law University Odisha] Arbitration agreements, like any other contract, can be overridden by another agreement between the Parties. If the original contract is terminated in its whole, the arbitration agreements contained in such contract may also deemed … Continue reading Does an Extension Agreement Need a Specific Arbitration Clause?
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
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