[Announcement from the Centre for Transnational Commercial Law, National Law University, Delhi] The Centre for Transnational Commercial Law, National Law University Delhi, in collaboration with UNCITRAL, Insolvency and Bankruptcy Board of India and International Law Institute is organising a two-day conference to commemorate the 2017 UNCITRAL Asia Pacific Day. The theme of the event is Insolvency...
Supreme Court Opens New Avenue for Enforcement in Foreign International Commercial Arbitration
[Guest post by Ashutosh Kumar, who is an Advocate practising in India. Views are personal.] The decision of the Supreme Court in Alka Chandewar v. Shamshul Ishrar Khan (6 July 2017) has opened a new avenue for the enforcement of interim orders and emergency awards in foreign arbitrations involving at least one non-Indian party – or foreign international commercial arbitrations in the...
Consumers Cannot be Compelled to Arbitrate Disputes
[Guest post by Ajar Rab, Partner, Rab & Rab Associates LLP, Dehradun] Background Earlier this year, in an article titled Redressal Mechanism under the Real Estate (Regulation and Development) Act 2016: Ouster of the Arbitration Tribunal?, I had argued that even after the amendment to section 8 of the Arbitration & Conciliation Act, 1996 (“Arbitration Act”), the parties can continue to...
Strict Interpretation or Purposive Interpretation? Analysing the Sanjeev Shriya Case
[Guest post by Deeksha Malik, who is a is a fifth-year student of National Law Institute University, Bhopal. An earlier post on the topic is available here.] Ever since the Insolvency and Bankruptcy Code, 2016 (the “Code”) came into force, the Indian judiciary has been dealing with a number of cases that have required it to interpret various provisions of the Code. A review of the relevant...
Supreme Court Rules that the Timelines for Adjudication under the Bankruptcy Code are Directory
[Guest post by Aayush Mitruka, a lawyer based in Delhi.] Last month, the Supreme Court delivered a significant judgment under the Insolvency and Bankruptcy Code, 2016 (the “Code”) in M/s Surendra Trading Co. v. JK Jute Mills Co. Ltd & others and settled some vexed issues which were of considerable importance. The facts of the case do not merit a mention for the purposes of the present...
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