AuthorV. Niranjan

Implied Exclusion or Express Exclusion of Section 9 (Interim measures): Post Amendment of Section 2(2)

[Guest post by RV Prabhat, who is a practising advocate before the Delhi High Court. He can be contacted at [email protected]] The question of applicability of the provisions of Part I of the Arbitration and Conciliation Act 1996 (hereinafter referred as 1996 Act) to the Foreign Seated Arbitrations has time and again come up before the Supreme Court of India (“Supreme Court”) and...

Guest Post: The McDermott Perplexity – the Scope of Interference under Section 34 of the Arbitration Act

       [Guest post by Gursharan H Virk, who is an advocate practising in the Gujarat High Court.                    Views expressed are the author’s own.] There is a cleavage of opinion amongst various High Courts in relation to the scope and ambit of interference with an arbitral award under section 34 of the Arbitration...

‘Second Instance’ Arbitration: Centrotrade Minerals

In an important decision, the Supreme Court has recently held that the Indian Arbitration and Conciliation Act 1996 (‘the 1996 Act’) does not prohibit the parties from entering into an arbitration agreement that provides for an appeal from the first award to a second arbitral tribunal constituted under that agreement. The decision, however, also gives rise to further questions—not all of which...

A Careless Concern for Workmen’s Dues: Insolvency Code of 2016

(The following guest post is contributed by Mridul Godha, a third-year student at the National Law University, Jodhpur) The Joint Committee on the Insolvency and Bankruptcy Code of the Lok Sabha was much concerned about the welfare of workmen. “Workers are the nerve centre of the company. In the event of any company becoming insolvent or bankrupt, the workmen to get affected adversely and...

Guest Post: To be or not to be… Two Indian Parties having a Foreign Seat of Arbitration: Supreme Court’s Verdict on Sasan Power

(The following guest post is contributed by Gunjan Chhabra[1]and RV Prabhat[2]) The much debated issue of whether two Indian parties can opt for a foreign seat of arbitration finally, came up before the Supreme Court in Sasan Power Limited v. North American Coal Corporation[3]. However, the Supreme Court dodged the bullet and chose to decide whether the parties were in fact two Indian parties or...

Guest Post: Public Policy of India and the Arbitral Award: Fighting the Unending Battle

(The following guest post is contributed by Amrit Mahal, a fourth-year student at the National University of Juridical Sciences, Kolkata) The Indian Arbitration and Conciliation Act, 1996 (hereinafter, “Act”) was enacted with a view to bring the Indian arbitration regime in line with international practice. Providing for a limited judicial review of arbitral awards, Section 34(2)(b) and Section...

Guest Post: Independence and Impartiality of Arbitrators: The Applicability and Scope of amended Section 12

(The following post is contributed by Shubham Jain, who is a student at the National Law School of India University, Bangalore) Introduction  The enactment of the Arbitration and Conciliation (Amendment) Act, 2015 (“the amendment”) has brought a slew of changes in the two decade old Arbitration and Conciliation Act, 1996 (“the Act”). Based on the recommendations of the 246th Report of the...

Guest Post: Mere Choice of Foreign Seat can exclude Part I of Arbitration Act 1996- Pre-BALCO Arbitrations?

(The following guest post is contributed by RV Prabhat, who is a practising advocate in the Delhi High Court) The question of applicability of the provisions of Part I of the Arbitration and Conciliation Act 1996 (hereinafter referred as 1996 Act) to the Foreign Seated Arbitrations has time and again come up before the Supreme Court of India (“Supreme Court”) and various High Courts...

Pothier’s Mailbox: Misunderstanding the Moment of Contract Formation under the Contract Act

(The following guest post is contributed by Shivprasad Swaminathan, who is Associate Professor at the Jindal Global Law School) The argument The law on the moment of contract formation applied by the courts in India and endorsed by the scholarly literature rests on a mistaken understanding of s. 4 of the Indian Contract Act, 1872. Courts and scholars in India have treated the postal...

Things, not Words: Disambiguating Intention to Create Legal Relations

(The following guest post is contributed by Shivprasad Swaminathan, who is Associate Professor at the Jindal Global Law School) “We must think things not words, or at least we must constantly translate our words into the facts for which they stand, if we are to keep to the real and the true.”  Oliver Wendell Holmes Jr The Source of the Confusion: English Law Contemporary textbooks...

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