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
Delhi High Court
Ashwani Minda v. U-Shin: Delhi High Court Refuses Interference with Emergency Award in a Japan-Seated Arbitration
[This guest post is authored by Parina Muchhala. She is a 3rd year student at Maharashtra National Law University, Mumbai. Her key interests lie in domestic and international arbitration, competition law and international economic law.] Ashwani Minda v. U-Shin: Delhi High Court Refuses Interference with Emergency Award in a Japan-Seated Arbitration Emergency arbitration is an … Continue reading Ashwani Minda v. U-Shin: Delhi High Court Refuses Interference with Emergency Award in a Japan-Seated Arbitration
Extending Legal Aid Services to Arbitration Proceedings
This guest post is authored by Ashutosh Choudhary. Ashutosh is a BA.LLB. student at National Law University Odisha. He has a keen interest in the laws of arbitration, taxation, and companies. He can be reached at 17ba027@nluo.ac.in Extending Legal Aid Services to Arbitration Proceedings It cannot be gainsaid that arbitration has seen a rapid growth … Continue reading Extending Legal Aid Services to Arbitration Proceedings
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
Delhi High Court Declines Determination of Res-judicata in Section 11 Application, Appoints Arbitrator
The Petitioner in Parsvnath Developers v. Rail Land Development Authority[1] requested the Delhi High Court to appoint a nominee arbitrator for the recalcitrant Respondent under Section 11 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act), in a dispute arising out of a development agreement (the Agreement). The Respondent resisted the Petitioner’s request on … Continue reading Delhi High Court Declines Determination of Res-judicata in Section 11 Application, Appoints Arbitrator
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