[Karan Kamath is an Advocate, Bombay High Court and an LLM candidate at the University of Edinburgh. The author would like thank Mr Rohan Deshpande, Counsel, Bombay High Court, Barrister (unregistered), Inner Temple, and MCIArb, for comments on an earlier draft] In a section 11(6) application, a three-judge bench of the Supreme Court recently dealt with the vexed issue of arbitration agreements...
CCI Investigations and Bharti Airtel: Interpretations Galore
[Shreyas Sinha and Krishanu Paul are second-year B.A., LL.B. (Hons.) students at the National Law School of India University (NLSIU), Bengaluru] On 14 February 2020, a single judge of the Karnataka High Court stayed an order of the Competition Commission of India (‘CCI’) that had directed an investigation by the Director-General under section 26(1) of the Competition Act, 2002 (‘the Act’), into...
ANU Press Call for Book Proposals – ECR Prize
[Announcement on behalf of ANU College of Law] ANU College of Law is delighted to announce the ANU Press ECR Prize in Legal Scholarship, awarded annually to the most outstanding and insightful manuscript submitted to ANU Press in any area of law and legal studies by an early career researcher. The prize winner will receive AU$2,500, have costs covered for publishing an open-access monograph up to...
Can NCLT Direct Distressed Entity for Settlement by Rejecting CIRP Application?
[Deevanshu Jaswani is a 4th year B.A. LL.B. (Hons.) student at National Law University, Odisha.] This post attempts to analyse two different judgments to highlight that in IBC, the role of the adjudicating authorities has been clearly specified. According to section 7(5) of the IBC, only two options are provided to the adjudicating authorities while dealing with the petition to initiate Corporate...
Amazon-Future Group: More Reasons Call to Question the Delhi HC Division Bench Ruling
[Velpula Audityaa is an Advocate practicing before the Madras High Court and trial courts in Chennai. The author is thankful to Nirmal Prasad (Advocate, Delhi High Court) for his inputs on this post] In an earlier post, a Delhi High Court division bench’s order dated 5 January 2022 in staying the arbitral proceedings between Amazon and the Future Group before a SIAC tribunal, was rightly...
Regulating the Honchos of the Online World – Big Tech Dominance
[Nityesh Dadhich is a IV year B.A., LL.B(Hons.) student at National Law University Delhi] On 20 January 2022, the U.S. Senate approved the American Innovation and Choice Online Bill. The Bill aims to control the abuse of dominance by ‘covered platforms’ operating over the internet. Section 2(h)(3) of the Bill defines ‘covered platform’ as the online platform having at least fifty million US-based...
Ad-Hoc Arbitrations In India And The Fourth Schedule – The Way Forward
[Ramkishore Karanam is an Advocate practising at the Madras High Court and Akash Santosh Loya is an Advocate practising at the Bombay High Court] Recently, the Supreme Court pulled up a Public Sector Undertaking (“PSU”) for haggling over the arbitral fees of an Arbitral Tribunal consisting of retired judges and expressed its intention to initiate contempt proceedings if the PSU continued to...
DLF Home Developers v. Rajapura Homes: A Critical Analysis
[Anushka Juneja is a 2nd year B.A., LL.B. (hons.) student at Gujarat National Law University] Section 11 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) empowers the courts to appoint an arbitrator in case any dispute arises between the parties. For the purpose of the aforementioned section, the power is confined to the examination of the existence of an arbitration agreement as...
App Store: Bridge between Users and Developers or Market Monopoliser?
[Amiya Krishna Upadhyay and Arnab Chakraborty are 4th Year B.A., LL.B. (Hons.) and B.B.A., LL.B. (Hons.) students respectively at National Law University Odisha] On 31 December, 2021, the Competition Commission of India (CCI) directed the Director General to probe into the functioning of the App Store and corresponding in-app purchases (IAP) of the Silicon Valley giant. The allegations of the...
Envirad Projects Case: Crystalizing the Post-Perkins Position on Unilateral Arbitrator Appointments
[Sumit Chatterjee is a final year student at the National Law School of India University (NLSIU), Bangalore] On 18 January 2022, a single judge of the Delhi High Court upheld the prohibition on unilateral appointment of arbitrators by parties in Envirad Projects v NTPC Ltd., rejecting the validity of the arbitral clause providing NTPC with the exclusive right to appoint the sole arbitrator. The...
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