TagArbitration

Improperly Stamped Arbitral Awards: When Can Courts Interfere?

[­Athira Sankar is a 5th year B.A. LL.B student at National Law University, Jodhpur] Introduction The effect of non-payment of stamp duty at the time of enforcement of an award has been the subject of varied judicial interpretation. The conflict arises from the fact that an award passed by a tribunal is not always produced before the courts, unlike decrees in civil suits. In civil proceedings...

Demystifying the Arbitrability of Patent Disputes in India

[Prarthna Bathija is a fifth year B.A. LL.B. (Hons.) student, and Apoorv Madan a fourth year B.B.A. LL.B. (Hons.) student, at Jindal Global Law School, Sonipat] The Booz-Allen Case and Conceptual Jurisprudence Relating to Arbitrability of Disputes In the landmark case of Booz-Allen Hamilton v SBI Home Finance (“Booz-Allen”), the Supreme Court summarised the conceptual jurisprudence relating to...

Supreme Court on Conflict in Arbitration Agreement of Insurance Policy

[Nikhil Singh is a 2nd Year B.A., LL.B. (Hons.) Student at The West Bengal National University of Juridical Sciences, Kolkata] Introduction Recently, a three-judge bench of the Supreme Court in the case of Oriental Insurance Co Ltd v. Narbheram Power and Steel Pvt Ltd analysed a contentious dispute redressal clause commonly found in insurance agreements. The Court, while finding in favor of...

Bombay High Court on Arbitration Agreement in an Unstamped Instrument

[Mansi M Patel is an Associate at IndusLaw] The Bombay High Court in Coastal Marine Construction and Engineering Limited v Garware-Wall Ropes Limited (March 2018) observed that in accordance with the amended provisions of section 11 of the Arbitration & Conciliation Act, 1996 (the “Act”), the role of the court to refer a dispute to arbitration is narrow and is limited to examine the existence...

Arbitration: Supreme Court Allows Jurisdictional Challenge in Setting Aside Proceedings

[Ayush Chaturvedi and Chandni Bhatia are 4th Year B.A.LLB (Hons) students at Dr. Ram Manohar Lohiya National Law University, Lucknow] In Lion Engineering Consultants v. State of M.P., the Supreme Court allowed the plea of the State of Madhya Pradesh challenging the jurisdiction of the arbitral tribunal for the first time in a proceeding for setting aside of an arbitral award under section 34 of...

A Giant Leap for Investors? – Analysing the Delhi High Court’s Verdict in Union of India v. Vodafone

[Sharanya Shivaraman is a IV year B.A., LL.B (Hons.) student at ILS Law College, Pune] Marking the dawn of a new era for investment arbitration in India, the High Court of Delhi pronounced its verdict last week in Union of India v. Vodafone Group plc dismissing the Government’s petition challenging the Vodafone Group’s move to initiate two international arbitrations against India. The judgment of...

The Arbitration & Conciliation (Amendment) Bill, 2018: A Positive Step Forward for Institutional Arbitrations in India

[Utsav Mitra is a B.A., LL.B (Hons.) student at National Law Institute University, Bhopal] The Arbitration and Conciliation (Amendment) Bill, 2018(“Bill”), proposed to amend the Arbitration and Conciliation Act, 1996 (“Act”), was approved by the Cabinet of Ministers on 7 March 2018 to be introduced in the Parliament. This Bill seeks toencourage institutional arbitration...

Arbitrability of Oppression and Mismanagement – Rakesh Malhotra & After

[Deepanshi Ahlawat is a 5th year B.A., L.L.B. (Hons.) student at National Law School of India University in Bangalore. Earlier posts on the topic are available here, here and here] Introduction Oppression and mismanagement (“O&M”) disputes in India are governed by sections 241 & 242 of the Companies Act, 2013 (“2013 Act”) [analogous to sections 397, 398 & 402 of the Companies Act...

Of Harmony and Interference: Delhi High Court Sets Aside Award for Arbitrator’s Erroneous Interpretation of Contract

[Ritvik M. Kulkarni is an associate with Wadia Ghandy & Co., Mumbai. Views are strictly personal] In Altus Group India Pvt. Ltd. v. Darrameks Hotels and Developers Pvt. Ltd., the Delhi High Court has set aside an arbitral award (the Award) after finding folly in the arbitrator’s interpretation of the termination clause contained in a ‘Professional Service Agreement for the appointment of a...

The Silences of Section 26 of the Arbitration (Amendment) Act, 2015: Has the Supreme Court Answered?

[Anirudh Lekhi is an associate at a law firm in New Delhi, having graduated from National University of Juridical Sciences in 2017] The Arbitration and Conciliation (Amendment) Act, 2015 (Amendment) brought about several much awaited amendments to the Arbitration and Conciliation Act, 1996 (Act). However, section 26 of the Amendment, which delineates its temporal scope, has been the source of...

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