TagArbitration

Unsuccessful Party & Post Award Interim Measures

[Rohan Tigadi runs an independent dispute resolution & litigation practice in Bangalore, Karnataka. He is an alumnus of National Law University Jodhpur] Section 9 of the Arbitration and Conciliation Act, 1996 (“Act”) permits a party to arbitral proceedings to seek interim measures from court ‘even after making of the arbitral award but before it is enforced in accordance with Section 36 of...

Call for Papers: Indian Journal of Arbitration Law

[Announcement on behalf of the Indian Journal of Arbitration Law] The Indian Journal of Arbitration Law [“IJAL”] is a bi-annual, open-access journal published by the Centre for Advanced Research and Training in Arbitration Law [“CARTAL”]. It is indexed on Kluwer Arbitration, HeinOnline, Westlaw and SCC Online. IJAL is the leading journal on arbitration law in India, with a global readership. It...

Invitation to Participate: 6th Gary B. Born Essay Competition

[Announcement on behalf of the Indian Journal of Arbitration Law] The Centre for Advanced Research and Training in Arbitration Law and Indian Journal of Arbitration Law are pleased to announce that they will be organizing the 6th Gary B. Born Essay Competition on International Arbitration, 2021. About the Organizers National Law University Jodhpur: The National Law University, Jodhpur...

Registration under MSMED Act and the SC Ruling in Silpi Industries

[Akansha Uboveja is a 5th year B.A.LLB (Hons.) student at Hidayatullah National Law University in Raipur, Chhattisgarh] The Supreme Court in its judgment dated 29 June 2021 in Silpi Industries v Kerala State Road Transport Corporationsettled the position of law regarding applicability of the Limitation Act, 1963 to arbitration proceedings initiated under section 18(3) of the Micro...

To Compel or not to Compel: Extension of Arbitration Agreements to Non-Signatories

[Kushagra Jain and Vasundhara Sharan are 4th-year law students at Symbiosis Law School, Noida] The rapid globalization and growing institutionalization of international commercial disputes has led to a plethora of international and national laws, rules, and commentary. Reference to arbitration originates from the contours of the arbitration agreement and maintains privity of contract, consent by...

Appointment of New Arbitrators under Section 34 of the Arbitration and Conciliation Act

[Anujay Shrivastava is a law graduate (class of 2020) from Jindal Global Law School, O.P. Jindal Global University, Sonipat. Divyansha Agrawal is a practicing lawyer at the Delhi High Court and Associate with Advani and Co] In a recent order, a single judge of the Calcutta High Court in Jagdish Kishinchand Valecha v. SREI Equipment Finance Ltd. (13 April 2021) made an...

Making Room for Third-party Arbitration Funding in the Indian Regime

[Oshin Malpani is a penultimate year B.A., LL.B. (Hons.) student at NALSAR University of Law, Hyderabad] Third-party arbitration funding (“TPAF”) simply stated, is the funding extended to a claimant to pursue arbitration proceedings in exchange for a portion of the award (if) granted to them. It is a subset of the general third-party funding (“TPF”) that similarly funds other litigatory and...

Choice of Foreign Seat of Arbitration by Indian Parties: Scrutinizing its Validity

[Ashish Singh is an Advocate and Ex- Managing Associate at L&L Partners & Megha Shaw is a Final Year Law Student at The West Bengal National University of Juridical Sciences, Kolkata] The long drawn battle of choosing a foreign destination, under the Indian Arbitration & Conciliation Act, 1996, as the seat of arbitration by the domestic parties has been favorably settled by the...

Restrictive Immunity in Enforcement of Arbitral Awards against Foreign States

[Sparsh Mallya is a 3rd Year BBA-LL. B (Hons.) Student at O.P Jindal Global University, Sonipat]  On June 18, 2021, the Delhi High Court held in KLA Const. Technologies Pvt. Ltd. v. The Embassy of Islamic Republic of Afghanistan (“KLA Const”) that prior consent of the Central Government under section 86 of the Civil Procedure Code (“CPC”) is not an express requirement for...

Proportionality: A New Special Equities Exception Against Invocation of Bank Guarantees

[Rhythm Buaria is an Advocate based in New Delhi] In an appeal under section 37 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), a Division Bench of the High Court of Delhi in Hindustan Construction Co. Ltd. v. National Hydro Electric Power Corporation Ltd., held that proportionality constitutes a special equities exception against invocation or encashment of unconditional bank...

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