TagArbitration

Court’s Refusal to Appoint Arbitrators: An ‘Appeal’ to Create Appeal Mechanisms

[Abhijeet Shrivastava is a third-year law student and Anujay Shrivastava is a law graduate (class of 2020), both from Jindal Global Law School, Sonipat.] Recently, a three-judge bench of the Indian Supreme Court speaking through Nariman, J. in Pravin Electricals v. Galaxy Infra highlighted a crucial discrepancy of law in the Arbitration and Conciliation Act, 1996 (“Act”). Specifically, the...

Indus Biotech v Kotak: A Step in the Right Direction?

[Ankur Singhal and Vasavi Khatri are 5th year B.A., LL.B. (Hons.) students at National Law School of India University, Bangalore] On 26 March 2021, the Supreme Court, in Indus Biotech Private Limited v. Kotak India Venture Fund ruled that an arbitration petition would not be maintainable after the insolvency resolution petition under section 7 of the Insolvency and Bankruptcy Code is  admitted...

Limitation Period for Section 37 Appeals: An Uncertain Affair

[Nitesh Mishra is a 4th year B.A., LL.B. (Hons.) student at National Law University Delhi] The Supreme Court in its recent judgment in Government of Maharashtra v. Borse Brothers Engineers & Contractors Pvt. Ltd. (19 March 2021) has attempted to clarify the law on the applicability and scope of condonation of delays in filing of appeals under section 37 of the Arbitration and Conciliation...

Section 36 of the Arbitration and Conciliation Act, 1996, as Recently Amended

[Raghav Kacker is an Advocate practicing before the High Court of Delhi and various Tribunals and Ruchi Chaudhury is a postgraduate in anthropology, and currently a 2nd year LLB candidate at Jindal Global Law School]   The Central Government has notified the Arbitration and Conciliation (Amendment) Act, 2021 (the ‘Amendment’), which was already in force as law by way of an Ordinance issued by...

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