[Subodh Asthana and Madhur Bhatt are penultimate year law students at Hidayatullah National Law University, Raipur] Cairn Energy PLC has approached the US District Court for the Southern District of New York (“US Court”) seeking enforcement of a $1.2 billion arbitration award against India. It won the award in December 2020 for proving the breach of fair and equitable treatment (“FET”)...
Unsuccessful Party & Post Award Interim Measures
[Rohan Tigadi runs an independent dispute resolution & litigation practice in Bangalore, Karnataka. He is an alumnus of National Law University Jodhpur] Section 9 of the Arbitration and Conciliation Act, 1996 (“Act”) permits a party to arbitral proceedings to seek interim measures from court ‘even after making of the arbitral award but before it is enforced in accordance with Section 36 of...
Fortitude Learning: Online certificate course on International Dispute Settlement from September 24 – 27, 2021
[Announcement on behalf of Fortitude Learning] Through this course, we seek to provide the participants with an in-depth knowledge of the growing relevance of international dispute settlement mechanisms, especially international arbitration globally. This course is curated to provide the participants with a comprehensive understanding of various aspects of International Arbitration. Topics to...
Call for Papers: NLSIR
[Announcement on behalf of the NLSIR] The NLSIR is the flagship law review of the National Law School of India University, Bangalore, India. It is a bi-annual, student edited, peer-reviewed law review providing incisive legal scholarship on contemporary legal issues. NLSIR has the distinction of being cited twice by the Supreme Court of India, with the latest one in the landmark judgment in...
Repudiatory Breach of Contract: Right to Affirm Fettered in India
[Sriram Venkatavaradan and Saai Sudharsan Sathiyamoorthy are Advocates practicing at the Madras High Court and can be reached at [email protected] and [email protected] respectively] Where one party to a contract indicates by words or through conduct that he does not intend to perform his obligations, he is said to have repudiated the contract by his actions [Stephen A. Smith, Atiyah’s...
Provisional Attachment Orders under GST: Exception or the Norm?
[Amritesh Anand is a penultimate year student at NALSAR University of Law, Hyderabad] Enforcement authorities under the GST regime have been vested with a powerful tool under section 83 of the Central Goods & Services Tax Act, 2017 (“CGST Act”) to carry out provisional attachment of property of assessees. The rationale is to ensure that Government interest in revenue is not prejudiced by...
The Dilemma of Interest-Free Loans as Financial Debt under IBC
[Sanskar Modi and Vijpreet Pal are 3rd year BA LLB (Hons.) students at National Law Institute University, Bhopal (NLIU)] Recently, the Supreme Court, in the case of Orator Marketing v. Samtex Desinz decided that a lender who has advanced interest-free loans to a corporate body would fall under the definition of financial creditor and thereby could initiate the Corporate Insolvency Resolution...
Call for Submissions: The Law and Technology Society’s Essay Writing Competition
[Announcement on behalf of the Law and Technology Society, NLSIU, Bengaluru] The Law and Technology Society of NLSIU, Bengaluru is a group committed to exploring the boundless contours of the intriguing interface between law and technology. The main objective of the Society is to develop up-to-date learning opportunities in this field by organizing a series of fantastic events. The Dialogue is a...
CCI’s Rigid Approach in Holding Discount Control Policy Anti-Competitive
[Yagya Sharma is a 5th year BA LLB student at Institute of Law, Nirma University] On 23 August 2021, the Competition Commission of India (CCI) in In Re: Alleged anti-competitive conduct by Maruti Suzuki India Limited in implementing discount control policy vis-à-vis dealers has imposed a penalty of ₹200 crores and passed a cease-and-desist order against Maruti Suzuki India Limited (MSIL). The...
Call for Papers: Indian Journal of Arbitration Law
[Announcement on behalf of the Indian Journal of Arbitration Law] The Indian Journal of Arbitration Law [“IJAL”] is a bi-annual, open-access journal published by the Centre for Advanced Research and Training in Arbitration Law [“CARTAL”]. It is indexed on Kluwer Arbitration, HeinOnline, Westlaw and SCC Online. IJAL is the leading journal on arbitration law in India, with a global readership. It...
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