[Ameya Sharma and Tassawar Ali are second-year students pursuing B.A., LL.B (Hons.) from NALSAR University of Law, Hyderabad] In Gujarat State Civil Supplies Corporation Ltd. v. Mahakali Foods Pvt. Ltd., the Supreme Court settled the conflict between the Micro, Small and Medium Enterprises Development Act, 2006 [“MSMED Act”] and the Arbitration and Conciliation Act, 1996 [“A&C Act”]. It was...
The DMRC Case – Assessing Exercise of Curative Jurisdiction in Annulment of Arbitral Award
[Prince Todi is an Associate at AZB & Partners, Mumbai. Yavipriya Gupta is an Advocate practising at the Bombay High Court and the Supreme Court of India] Perhaps, a pro-arbitration jurisdiction can be characterized as one having consistent laws, with a focus on expeditious adjudication of disputes, minimal judicial intervention, and a presence of strong enforcement framework aimed at...
Arbitration Realities: Patterns of Challenges and Judicial Responses
[Madhav Goel, Karan Gulati, Sonam Patel, and Anjali Sharma are researchers at the TrustBridge Rule of Law Foundation] Arbitration has become a widely used mechanism to resolve contractual disputes in India. It offers greater flexibility and better alignment with parties’ incentives than courts. Since the parties voluntarily choose arbitration, they are generally expected to accept the outcomes...
Advancing the Objectives of IBC: Why Arbitration Should Persist During Moratorium Periods
[Arunoday Rai is a 3rd-year B.A., LL.B. (Hons.) student at the National Law School of India University, Bangalore] There has been sufficient literature arguing for reconciliation between insolvency and arbitration proceedings. This post argues for the continuation of arbitration proceedings as it furthers the objectives of insolvency and enhances its efficiency. It critiques the position taken by...
Deciphering the Incorporation of Arbitral Clauses and Contractual Intent
[Ria Bansal is a 3rd year B.A., LL.B. (Hons.) student at Rajiv Gandhi National University of Law, Punjab] Recently, the Supreme Court of India in NBCC (India) Ltd. vs. Zillion Infraprojects (P) Ltd. set aside the appointment of a sole arbitrator under section 11(6) of the Arbitration and Conciliation Act, 1996 (“the Act”) on the basis that the arbitration clause had not been incorporated within...
Recourse to Section 34(4) of the Arbitration Act: An Unreasonably Constricted Approach
[Gautam Narayan and Asmita Singh are advocates practicing at the Supreme Court of India] In a departure from the principle that an arbitral tribunal becomes functus officio after having delivered the award, section 34(4) of the Indian Arbitration & Conciliation Act, 1996 (“Arbitration Act”) (which is based on article 34(4) of the UNCITRAL Model Law on International Commercial Arbitration...
The Uncertain Fate of Arbitrations Terminated under Section 29A of the Arbitration and Conciliation, 1996
[Sanjana Muraleedharan is a Senior Associate at Keystone Partners, Bengaluru] A division bench of the Supreme Court is set to examine the position on termination of the mandate of an arbitrator where the application for extension under section 29A(5) of the Arbitration and Conciliation Act, 1996 (‘Act’) was not filed prior to termination of the mandate. The Special Leave Petition in Rohan...
A Proposed Enforcement Mechanism for Foreign-Seated Interim Orders in India
[Abhisar Vidyarthi is a BCL student at the University of Oxford and Pragya Agarwal is an advocate practising in New Delhi] Arbitration law in India is gearing towards another round of reforms as the Indian government has set up a high-level expert committee to recommend reforms to the [Indian] Arbitration & Conciliation Act, 1996. The terms of reference of the Expert Committee, among other...
Group of Companies Doctrine: Judgments Implicitly Overruled in Cox & Kings
[Varun Srinivasan is an advocate practising in New Delhi and is a junior in the chambers of Mr. Gaurav Pachnanda SA] The five-judge decision of the Supreme Court in Cox & Kings Ltd v. SAP India Pvt Ltd 2023 INSC 1051 has already been well summarized here and some of its implications are discussed here. The focus of this post is to recognize some of Cox & Kings’ more subtle contributions...
Addressing Unstamped Arbitration Agreements: Novel Ways to Reinforce Arbitral Autonomy
[Akash Kumar Surya is a 3rd year B.A., LL.B. (Hons.) student at the National Law School of India University, Bengaluru] In the case of In Re: Interplay the Supreme Court recently delivered its verdict on the legal position of unstamped arbitration agreement in India. The judgement has settled the issue, bringing clarity on a matter whose jurisprudence has otherwise been marked by chequered...
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