[Ankitesh Ojha is a 4th Year B.A., LL.B. (Hons.) student at Hidayatullah National Law University, Raipur] Introduction It is a settled principle in arbitration that the agreement to arbitrate contained in an arbitration clause is viewed as a separate agreement from the rest of the contract. The fate of an arbitration agreement is not decided by the sustainability of the contract incorporating it...
Analysing the Non-obstante Clause of Section 8 of the Arbitration Act
[Rajvansh Singh is a 3rd year student at National Law University Odisha] In Aftab Singh v. Emaar MGF Land Limited, the complainants approached the consumer forum seeking possession of flat/villa and compensation from the builder in lieu of the delay in handing over the possession of the same. The builder contended that builder-buyer agreement contains an arbitration clause by virtue of which...
Call for Papers: The GNLU Law Review
[Announcement on behalf of The GNLU Law Review] About The flagship journal of Gujarat National Law University, The GNLU Law Review (‘TGLR’) was established in 2008, owing to the emergent need for broadening the platform for academicians, professionals, research scholars to share and disseminate both knowledge and scholarship of new and innovative ideas in legal and allied disciplines. TGLR is a...
Section 14 of the IBC: Discontinuance of Arbitral Proceedings
[Ashish Rana is an Advocate on Record in Supreme Court of India. The author thanks Shatakshi Singh for assistance] The Insolvency and Bankruptcy Code, 2016 (IBC) has been enacted by the Parliament with a view to codify the existing framework of insolvency and bankruptcy which comprised of scattered provisions and mechanisms under the different legislation. Section 14 of the IBC provides for the...
Resolving IL&FS: IBC vs Schemes of Arrangement
[Aayush Mitruka and Manaswi Agarwal graduated from ILS Law College, Pune and are currently working with law firms in Delhi and Mumbai respectively. They can be reached at [email protected] and [email protected].] Since August 2018 Infrastructure Leasing and Financial Services Limited (IL&FS) has been in headlines for having missed several debt payments deadlines. The rapid...
Essar Steel Case: Supreme Decodes Section 29A of the IBC
Background In its ruling in ArcelorMittal India Private Limited v. Satish Kumar Gupta, the Supreme Court has laid down the much-needed jurisprudence involving section 29A of the Insolvency and Bankruptcy Code, 2016. Section 29A was inserted in the Code with effect from 23 November 2017 and has been the subject matter of at least two rounds of amendments thereafter. The provision makes ineligible...
Blockchain and Competition Law: New Technology, Old Challenges
[Swasti Gupta is a Research Associate at CUTS International, Jaipur] Overview The rapid emergence of “blockchain” in recent years has caused ripples in the global digital economy and has gripped the world’s attention. For those in search of a non-technical explanation, a blockchain is a decentralized, distributed ledger for transactions executed amongst the participants. It enables real-time...
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