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?

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