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?

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

SEAMEC v. OIL (II): Has the Supreme Court Overstepped its Mandate under Section 34?

[This guest post is authored by Malak Bhatt (Advocate on Record, Supreme Court of India) and Atreyo Banerjee (Advocate). They are part of the Chambers of Malak Bhatt. The authors can be reached at malakbhatt@gmail.com and atreyobanerjee2019@gmail.com] SEAMEC v. OIL (II): Has the Supreme Court Overstepped its Mandate under Section 34? The Supreme Court of … Continue reading SEAMEC v. OIL (II): Has the Supreme Court Overstepped its Mandate under Section 34?

Vijay Karia and NAFED: Aggravating the Conundrum of Enforcing Foreign Awards in India

[This guest post is authored by Kunal Katariya. He is a counsel, based in Mumbai, who practices before the Bombay High Court and tribunals in Mumbai and occasionally in the Hon’ble Supreme Court of India, with a particular focus on securities, commercial and corporate litigation. He also regularly appears in arbitrations.] Vijay Karia and NAFED: … Continue reading Vijay Karia and NAFED: Aggravating the Conundrum of Enforcing Foreign Awards in India

SEAMEC v. OIL: Supreme Court on Power to Examine Plausibility of Arbitral Tribunal’s Interpretation of Contract

[This guest post is authored by Saurish Shetye. Saurish is an advocate practicing at the Bombay High Court. He can be reached at saurish.shetye@gmail.com] SEAMEC v. OIL: Supreme Court on Power to Examine the Plausibility of Arbitral Tribunal’s Interpretation of Contract In its recent decision, dated 11 May 2020, the Supreme Court in South East … Continue reading SEAMEC v. OIL: Supreme Court on Power to Examine Plausibility of Arbitral Tribunal’s Interpretation of Contract

Quippo Construction v. Janardhan Nirman: Right to Object to the Venue in a Domestic Arbitration

[This guest post is authored by Ritika Acharya, a student at Maharashtra National Law University (MNLU), Mumbai. Any query regarding this article can be addressed to her at ritikaacharya@mnlumumbai.edu.in] Quippo Construction v. Janardhan Nirman: Right to Object to the Venue in a Domestic Arbitration On 29 April 2020, the Supreme Court ruled in Quippo Construction Equipment … Continue reading Quippo Construction v. Janardhan Nirman: Right to Object to the Venue in a Domestic Arbitration

Impact of an IBC Moratorium on Arbitral Proceedings

This guest post is authored by Aniesh S. Jadhav. Aniesh is an advocate practicing at the Bombay High Court. He can be reached at anieshjadhav@gmail.com. Impact of an IBC Moratorium on Arbitral Proceedings On admission of an insolvency application, Section 14[1] of the Insolvency and Bankruptcy Code 2016 (IBC) requires the National Company Law Tribunal … Continue reading Impact of an IBC Moratorium on Arbitral Proceedings

Arbitration Amendment Quandary 3.0: Supreme Court in HCC v Union of India

This guest post is authored by Chintan Nirala. Chintan is an India-qualified lawyer and has recently obtained a master’s degree in international dispute resolution from King’s College, London. He graduated from University of Allahabad (BA, LLB) in 2017, where he secured the top position in the ADR course. Notably, Chintan has interned with the International … Continue reading Arbitration Amendment Quandary 3.0: Supreme Court in HCC v Union of India

The Fate of Unilaterally Appointed Sole Arbitrators in India: Part – II

[This is the second part of the author's composite article originally published here on Lexology.] In the first part of this post, the Supreme Court’s decision in Perkins was analyzed in light of the parties’ right to choose an appointment procedure under Section 11(2) and the specific legislative purport of Section 12. This part attempts … Continue reading The Fate of Unilaterally Appointed Sole Arbitrators in India: Part – II

(Via Lexology) The Fate of Unilaterally Appointed Sole Arbitrators in India: Part – I

[This is the first part of the author's composite article originally published here on Lexology.]  For arbitration clauses allowing only one party to appoint the sole arbitrator, the Supreme Court observed in Perkins Eastman Architects DPC & Anr. v HSCC (India) Limited[1] (Perkins) that the appointing party’s choice will always have an element of exclusivity … Continue reading (Via Lexology) The Fate of Unilaterally Appointed Sole Arbitrators in India: Part – I