TagArbitration

Supreme Court Rules on the Arbitration and Conciliation (Amendment) Act, 2015

[Raghav Kohli is a III year B.A., LL.B. (Hons) student at Gujarat National Law University] On 23 January 2019, a division bench of the Supreme Court of India in Rajasthan Small Industries Corporation Limited v. M/s Ganesh Containers Movers Syndicate set aside an order of the Rajasthan High Court, which had allowed an application for appointment of a substitute arbitrator under sections 11 and 15...

Venue vs. Seat: A Curious Case for the Indian Judiciary’s Self-Restraint

[Divpriya Chawla is an associate with a law firm in Delhi] The crucial importance of the choice of the ‘seat’ in an international arbitration is universally accepted and cannot be overstated due to its impact on the questions of applicable law, nature of supervisory jurisdiction, post-award challenge proceedings, and enforceability (2015 International Arbitration Survey).  Despite the profound...

An Overview of Exceptions to Moratorium under the Insolvency And Bankruptcy Code

[Radhika Malpani is a 3rd year B.B.A., LL.B student at National Law University, Jodhpur] With the enactment of the Insolvency and Bankruptcy Code, 2016, (“Code”) a unified framework to deal with insolvency has been set in place. Previously, insolvency was dealt under multiple statutes and scattered provisions embedded with numerous complexities. With the introduction of the Code, the liquidation...

Can an Ex-employee of a Party be appointed as an Arbitrator?

[Rajvansh Singh and Tanay Mishra are students at National Law University Odisha] Independence and impartiality are considered to be the cornerstone of arbitration. The duty of an arbitrator to remain independent and impartial is codified under section 12 of the Arbitration and Conciliation Act 1996 (the “Act”). Neither section 12 of the Act nor Article 12 of the UNCITRAL Model Law provides any...

Consumer Disputes to be Non-Arbitrable: SC Lays to Rest the Controversy

[Nidhisha Garg is a 3rd year student at NLIU Bhopal] The Supreme Court observed in Emaar MGF Land Limited v. Aftab Singh (10 December 2018) that consumer disputes are non-arbitrable, thus putting to rest the ongoing debate on the same. Aftab Singh, in the present matter was aggrieved due to the delayed delivery of possession by the Emaar MGF upon purchase of property. The buyer’s agreement had an...

Arbitrating ISDA Disputes: A Bright Future for Derivative Markets

[Saurav Roy is a final-year law student [V B.A.LL.B] at ILS Law College, Pune] The International Swaps and Derivatives Association (“ISDA”) is the go-to trade organisation for participants in the over-the-counter (“OTC”) derivatives market. The ISDA Master Agreement (“Master Agreement”) is a standardised agreement which allows participants to enter into these derivative transactions. Although the...

Anti-arbitration Injunctions in International Investment Arbitration: An Indian Overview

[Anujay Shrivastava and Anubhav Khamroi are both 4th Year B.A., LL.B. (Hons.) Students at Jindal Global Law School, Sonipat] Introduction The jurisprudence concerning anti-arbitration injunctions is yet to fully develop in India. Anti-arbitration injunctions must be distinguished from the more well-known anti-suit injunctions. While the latter is in the nature of injunction orders passed by a...

The Importance of Determination of Seat under Indian Arbitration Law

[Saumitra Shrivastava is a IV year B.A. LLB (Hons,) student at HNLU, Raipur] Introduction In international commercial arbitration the concepts of place, seat and venue are of tremendous importance as they determine which law and whose jurisdiction would be applied in a case. The courts of a country could interfere in any arbitral proceedings only if they have jurisdiction to do so. For instance...

Inclusion of Non-signatory Third Parties in an Arbitration Proceeding

[Divyansha Agrawal is a B.A.LLB (Hons.) student at Jindal Global Law School] Introduction                     According to the principle of competence-competence, an arbitral tribunal in a given case has full authority to rule on its own jurisdiction. Articles 8 and 16 of the UNCITRAL Model Law re-affirm this principle. Article 16(3) of Model Law provides that the arbitral tribunal may rule on an...

Clearing the Air on Bilateral Termination of a Contract Incorporating an Arbitration Clause

[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...

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Recent Posts

Topics

Recent Comments

Archives

web analytics