TagArbitration

Event Announcement: Global Academy for Advocacy in Dispute Resolution (GAADR)

[Announcement from the Peacekeeping and Conflict Resolution Team] The Peacekeeping and Conflict Resolution Team (PACT) is launching the first batch of the Global Academy for Advocacy in Dispute Resolution (GAADR) which will take place from June 11 to 16, 2018 in Goa, India.   The first two and a half days (11,12,13) will be dedicated to CDR – Consensual dispute resolution...

Breaking New Ground: The Impact of BCCI v. Kochi Cricket Pvt. Ltd. on the Arbitral Regime in India

[Soham Banerjee is a 4th year student in the B.L.S LLB Program at Government Law College, Mumbai] Introduction A Division Bench of the Supreme Court on March 15, 2018 held in the case of Board of Control for Cricket in India v. Kochi Cricket Pvt. Ltd. that the nature of the Arbitration and Conciliation (Amendment) Act, 2015 (the ‘Amendment Act’) is prospective in its operation and held that it...

GMR Energy v. Doosan: Pro-Arbitration at the Cost of Sound Reasoning?

[Sathvik Chandrasekhar and Ashwin Murthy are 3rd students at NALSAR University of Law] The decision of the Delhi High Court in GMR Energy v. Doosan (November 2017) is significant on several fronts. One aspect of the judgment that has garnered attention is where the Court, following the position taken in Sasan Power, placed a foreign-seated arbitration between two Indian parties under Part II of...

Viability of Arbitration in Resolving Sports Law Disputes in India

[Advik Rijul Jha is a Third Year Law Student at Jindal Global Law School] In this post, I aim to identify the rising importance of sports law in recent times, and analyse Indian law to determine how disputes arising in this nascent field ought to be dealt with by arbitration and not the normative court litigation process. The resolution of these disputes by arbitration is proposed to be promoted...

Original Jurisdiction of the Supreme Court in Arbitral Proceedings

[Shubham Jain and Prakshal Jain are V Year B.A., LL.B. (Hons.) students at National Law School of India University, Bangalore] A Constitution Bench of the Supreme Court in a recent judgment in State of Jharkhand v. Hindustan Construction Company (“HCC”) held that even if the Supreme Court retains some degree of control over an arbitration proceeding, it does not become the court of appropriate...

Making Arbitration More Consumer Friendly – The Way Forward in India

[Chandni Ghatak is a 4th year student at National Law University-Jodhpur. A related post on the topic is available here.] The Supreme Court of India has finally clarified  as to what prevails in the battle between statutory remedy and arbitration in relation to resolving consumer disputes by upholding the decision earlier rendered by the National Consumer Disputes Redressal Commission (“NCDRC”)...

No Arbitration in Consumer and Real Estate Disputes

[Ajar Rab is a Partner at Rab & Rab Associates LLP, Dehradun] In an earlier post, I had discussed the decision of the National Consumer Disputes Redressal Commission (“NCDRC”) in Aftab Singh v. Emaar MGF Land Limited & Anr, which had held that consumers disputes are not arbitrable under section 2(3) of the Arbitration and Conciliation Act, 1996. The post had referred to the possibility of...

Considerations of “Public Policy” for the Enforcement of Foreign Arbitral Awards in India

[Nandini Garg is a 4th year B.A. LL.B. (Hons.) student at National Law Institute University in Bhopal.] Recently the Delhi High Court in Daiichi Sankyo Company Limited v. Malvinder Mohan Singh and Ors. allowed the Japanese investor, Daiichi Sanyko, to enforce a foreign arbitral award against its Indian investee and recover Rs. 3500 crores from it. The erstwhile promoters of the investee company...

New Amendments Proposed to Arbitration Law to Strengthen Institutions and Improve Previous Reforms

[Devina Srivastava is a 3rd Year, BBA LL.B. (Hons.), student at Symbiosis Law School, Pune] In July 2017, a committee chaired by retired Supreme Court judge, Justice B.N. Srikrishna, submitted its report suggesting measures for improving arbitration in India by strengthening institutional arbitration and amending the Arbitration and Conciliation Act, 1996 (‘the Act’) to remove ambiguities...

Preserving the Quintessential Value of the Arbitration and Conciliation Act, 1996: Analysing the Supreme Court’s Decision in Sundaram Finance Limited v. Abdul Samad

[Amrit Singh and Megha Tiwari are both 4th year B.A., LL.B. (Hons.) students at WBNUJS in Kolkata] Arbitration has evolved as an efficacious alternative to litigation for settlement of disputes, and is now considered an important tool in promoting investment in Indian businesses. The recent amendments to the Arbitration and Conciliation Act, 1996 (the “Act”) and the subsequent judicial...

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