TagArbitration

Reviewing Arbitrability at the Interim Relief Stage

[Agnish Aditya is a 4th Year B.B.A LL.B student at NLU Odisha] In a judgment rendered last month, the Madras High Court considered the impact of non-arbitrability on granting an interim relief. In Lifestyle Equities Cv v. QDSeatoman Designs Pvt. Ltd (“Lifestyle”), the Court was called upon to decide the arbitrability of certain disputes pertaining to intellectual property rights in an application...

Deconstructing the Delhi High Court’s Anti-Arbitration Injunction against Vodafone UK’s BIT Arbitration

[Ritvik M. Kulkarni  is Associate, Wadia Ghandy & Co., Mumbai. Views are strictly personal] The Delhi High Court (the Court) in its order dated 22nd August 2017 has passed an ex-parte interim injunction restraining Vodafone UK entities (Defendants) from initiating investment arbitration against the Union of India (UOI) under the India-UK Bilateral Investment Treaty (BIT) (the Order). Amidst...

Application Under SARFAESI: Supreme Court’s Liberal Approach

[Guest post by Richa Saraf, Assistant Legal Advisor at Vinod Kothari & Co.] In the case of M.D. Frozen Foods Exports Pvt. Ltd. v. Hero Fincorp Ltd.,[1] the Supreme Court held that there was no illegality in a non-banking finance company (“NBFC”) invoking the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”) for recovery of...

Supreme Court Opens New Avenue for Enforcement in Foreign International Commercial Arbitration

[Guest post by Ashutosh Kumar, who is an Advocate practising in India. Views are personal.] The decision of the Supreme Court in Alka Chandewar v. Shamshul Ishrar Khan (6 July 2017) has opened a new avenue for the enforcement of interim orders and emergency awards in foreign arbitrations involving at least one non-Indian party – or foreign international commercial arbitrations in the...

Consumers Cannot be Compelled to Arbitrate Disputes

[Guest post by Ajar Rab, Partner, Rab & Rab Associates LLP, Dehradun] Background Earlier this year, in an article titled Redressal Mechanism under the Real Estate (Regulation and Development) Act 2016: Ouster of the Arbitration Tribunal?, I had argued that even after the amendment to section 8 of the Arbitration & Conciliation Act, 1996 (“Arbitration Act”), the parties can continue to...

Efficacy or Exclusivity: Can Parties Seek Interim Relief Outside a Seat under the Indian Arbitration Act?

[Guest post by Nishanth Vasanth, NALSAR University of Law, Hyderabad] Introduction & Context In international arbitration, the exclusive jurisdiction of the seat seeks to prevent courts of two nations from simultaneously exercising territorial jurisdiction over a matter, so as to uphold the sanctity of the final award. Courts, under UNCITRAL Model Law on International Commercial Arbitration...

Court’s Power to Terminate Arbitrator’s Mandate: SC Settles Long Outstanding Debate

[Guest post by Sumit Rai, who is an independent counsel in Mumbai, practicing with special focus on international and domestic arbitration as well as arbitration related litigation] In HRD Corporation v Gail (India) Ltd. (decided on August 31, 2017), the Supreme Court held that for any infraction of section 12(5) read with the Seventh Schedule of the amended Arbitration and Conciliation Act, 1996...

Interim Orders of an Arbitral Tribunal: Contempt, Execution and Beyond

[Guest Post by Swastika Chakravarti, a 5th year law student at National Law University Odisha] The Indian judiciary created a unique mechanism for the enforcement of interim orders passed by an arbitral tribunal by holding that a party that does not comply with such orders can be held liable for contempt of court. The Supreme Court in the judgment of Alka Chandewar v. Shamshul Ishrar Khan (July...

Additional Concerns Raised by TRF v. Energo

[Guest post by Agnish Aditya, who is a 4th Year B.B.A LL.B student at NLU Odisha] The Supreme Court ruling in TRF v Energo Engineering Projects (“Energo”) has been covered in this blog twice (here and here). Mr. Naniwadekar’s post gave an overview of the judgment and Amitav’s post raised pertinent concerns regarding the Court’s jurisdiction under Section 11 of the Arbitration and Conciliation...

Supreme Court’s Centrotrade Judgement: An Uncertain Celebration?

[Guest post by Shashank Chaddha, IV Year | B.A.LL.B (Hons.) student at the National Law Institute University, Bhopal] Last year, with the Supreme Court of India upholding the validity of a two-tier arbitration clause in Centrotrade Minerals & Metal Inc. v. Hindustan Copper Ltd., 2017 (2) SCC 228 (the ‘Centrotrade’), there has been much celebration about India’s recent ‘pro-arbitration’ stance...

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