[Akansha Uboveja is a 5th year B.A.LLB (Hons.) student at Hidayatullah National Law University in Raipur, Chhattisgarh] The Supreme Court in its judgment dated 29 June 2021 in Silpi Industries v Kerala State Road Transport Corporationsettled the position of law regarding applicability of the Limitation Act, 1963 to arbitration proceedings initiated under section 18(3) of the Micro...
Call for Papers: International Trade Law Journal
[Announcement on behalf of the NLIU Trade Law Journal] The NLIU International Trade Law Journal, a peer-reviewed annual publication of the National Law Institute University, Bhopal, is calling for submissions for its inaugural edition. The Journal aims to provide a forum for intellectual discourse and academic research into various themes of international trade law and associated fields. With an...
Who is a Consumer? Parallel Proceedings under RERA and CPA
[Varda Saxena is a 3rd year B.A., LL.B. (Hons.) student at Jindal Global Law School in Sonipat] Section 2(7) of the Consumer Protection Act, 2019 (“CPA“) mandates that a person who obtains goods for commercial purposes is not a consumer. This means that a person who obtains goods for reasons other than the sustenance of their livelihood or for reasons other than self-use is...
To Compel or not to Compel: Extension of Arbitration Agreements to Non-Signatories
[Kushagra Jain and Vasundhara Sharan are 4th-year law students at Symbiosis Law School, Noida] The rapid globalization and growing institutionalization of international commercial disputes has led to a plethora of international and national laws, rules, and commentary. Reference to arbitration originates from the contours of the arbitration agreement and maintains privity of contract, consent by...
Appointment of New Arbitrators under Section 34 of the Arbitration and Conciliation Act
[Anujay Shrivastava is a law graduate (class of 2020) from Jindal Global Law School, O.P. Jindal Global University, Sonipat. Divyansha Agrawal is a practicing lawyer at the Delhi High Court and Associate with Advani and Co] In a recent order, a single judge of the Calcutta High Court in Jagdish Kishinchand Valecha v. SREI Equipment Finance Ltd. (13 April 2021) made an...
Mandatory Sunset Provisions in Shares with Superior Voting Rights
[Bhavya Solanki is a 4th year B.A., LL.B. (Hons.) student at the Maharashtra National Law University, Mumbai] Shares with differential voting rights [“DVR”], internationally known as dual class shares [“DCS”], are shares which have rights disproportionate to their economic ownership. DVRs include shares with superior voting rights [“SR Shares”] and shares with...
Making Room for Third-party Arbitration Funding in the Indian Regime
[Oshin Malpani is a penultimate year B.A., LL.B. (Hons.) student at NALSAR University of Law, Hyderabad] Third-party arbitration funding (“TPAF”) simply stated, is the funding extended to a claimant to pursue arbitration proceedings in exchange for a portion of the award (if) granted to them. It is a subset of the general third-party funding (“TPF”) that similarly funds other litigatory and...
Choice of Foreign Seat of Arbitration by Indian Parties: Scrutinizing its Validity
[Ashish Singh is an Advocate and Ex- Managing Associate at L&L Partners & Megha Shaw is a Final Year Law Student at The West Bengal National University of Juridical Sciences, Kolkata] The long drawn battle of choosing a foreign destination, under the Indian Arbitration & Conciliation Act, 1996, as the seat of arbitration by the domestic parties has been favorably settled by the...
Restrictive Immunity in Enforcement of Arbitral Awards against Foreign States
[Sparsh Mallya is a 3rd Year BBA-LL. B (Hons.) Student at O.P Jindal Global University, Sonipat] On June 18, 2021, the Delhi High Court held in KLA Const. Technologies Pvt. Ltd. v. The Embassy of Islamic Republic of Afghanistan (“KLA Const”) that prior consent of the Central Government under section 86 of the Civil Procedure Code (“CPC”) is not an express requirement for...
Coveted Tax Relief For Covid-Care Policies: An Employers’ Perspective
[Kavya Mathur and Pragya Chandak are law graduates from National Law University, Jodhpur] The unprecedented Covid-19 health crisis has had a grim impact on all facets of life, including the disruption of business, people’s livelihoods and even the loss of life. While employers are persevering to stay afloat themselves, there is undoubtedly also an element of altruism and sincere concern for the...
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