TagArbitration

Is the Indian Arbitration Regime suited for The IBA Rules On Evidence? – Part II

[Muskan Arora is a III year B.A. LL.B (Hons.) student at the West Bengal National University of Juridical Sciences, Kolkata] In the first part of this post, I critique the presence of an undefined good faith standard in imposing sanctions upon the parties in the International Bar Association Rules on the Taking of Evidence (‘IBA Rules’) pursuant to article 9(7) and how the same is particularly...

Is the Indian Arbitration Regime Suited for the IBA Rules On Evidence? – Part I

[Muskan Arora is a III year B.A. LL.B (Hons.) student at the West Bengal National University of Juridical Sciences, Kolkata] The 2010 iteration of the International Bar Association Rules on the Taking of Evidence (‘IBA Rules’) institutes a commendable effort at harmonizing standards on the procedure for taking of evidence in the international arbitration regime. After the first set of rules...

Supreme Court Reopens the Issue of “Venue” versus “Seat”

[Shreesh Chadha is a final year student at Jindal Global Law School, Sonipat] The dichotomy between the “venue or place of arbitration” and “seat of arbitration” has been the subject matter of a plethora of judgements by the Supreme Court. This issue was recently reopened before the Supreme Court, and has resulted in contrary positions of law, warranting serious reconsideration. A full bench of...

Enforceability of Arbitral Awards in India: “Absence of” Territorial Jurisdiction Creates New Obstacles

[Dhruva Gandhi is an Advocate at the Bombay High Court] Once a claimant has an arbitral award in its favour, a question arises as to which court can enforce the award and help recover its dues. Ordinarily, a court that has jurisdiction over the award-debtor or its assets would be the appropriate forum. In India, though, there are now conflicting judicial decisions on this proposition, only adding...

The BGS Case: Cleared The Air Or Muddied The Settling Waters?

[Prince Todi is a 3rd year student at Hidayatullah National Law University, Raipur and Shruti Khanijow an Advocate at the Supreme Court of India] In the past decade, there has been an exponential growth of arbitration in India. The fundamentals of party autonomy, neutrality and speedy disposal of disputes have not only attracted private parties but also states to prefer arbitration over...

Delhi High Court on Limitation Period under Section 8, Arbitration And Conciliation Act

[Piyush Agrawal and Radhika Agrawal are 3rd year students at the Hidayatullah National Law University, Raipur] Whether or not the limitation period is applicable to section 8 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) is an unsettled principle. The peculiarity of the statute of limitation being enforceable in courts, but not in matters of arbitration, has long been debated...

Call for Papers: SRDC ADR Magazine from GNLU

[Announcement on behalf of the GNLU Student Research Development Council] About SRDC The Student Research Development Council (‘SRDC’) was established in 2014 as a platform for students to engage in collaborative academic research and to foster discussion around contemporary research questions in law and allied disciplines. Objective of the SRDC ADR Magazine The ADR Student Research Group, under...

The Unenforceability of Arbitration Clauses in Insufficiently Stamped Documents: A Reaffirmation

[Anirban Chanda is a 4th year B.A., LL.B. (Hons.) student and Anujay Shrivastava a 5th Year B.A., LL.B. (Hons.) student, both at the Jindal Global Law School] It is a settled legal principle that a document containing an arbitration clause or an independent arbitration agreement which is insufficiently stamped is not enforceable in the Indian courts for arbitration under Part-I of the Arbitration...

Resolving the Retrospective Application of the 2015 Amendment to the Arbitration Act

[Satyajit Bose is a 3rd Year student at the National Law School of India University, Bangalore] On 27 November 2019, the Supreme Court of India delivered its judgement in Hindustan Construction Co. Ltd. v. Union of India. In this case, a division bench of the Supreme Court was called upon to adjudicate on the constitutionality of section 87 of the Arbitration and Conciliation Act, 1996 [‘1996...

Retrospective Termination of Sole Arbitrator: A Move Uncalled For?

[Prince Todi is a III year B.A. LL.B. (Hons.) student at Hidayatullah National Law University, Raipur, Chattisgarh] On 20 January 2020, the Delhi High Court in held that the unilateral appointment of a sole arbitrator by an authority interested in the outcome of the dispute is impermissible. While the same principle has been laid down by the Supreme Court in earlier decisions of Perkins and TRF...

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