TagArbitration

The Seat vs Venue Conundrum in Cases of Unclear Arbitration Clauses: Hardy and Antrix Bad in Law?

[Purvi Kaya is a 5th Year B.A. LL.B. (Hons.) student at O.P. Jindal Global University] The choice of the arbitral seat is fundamental to arbitration. This is because the seat not only determines the lex arbitri, but also the courts that exercise supervisory jurisdiction over the arbitration. Although the distinction between the ‘venue’ and ‘seat’ of arbitration is well recognized in international...

Severability of Arbitration Clauses when the Underlying Agreement is Void Ab Initio

[Ankit Kapoor is a II Year, B.A. L.L.B (Hons.) student at the National Law School of India University, Bangalore] Earlier last year, in Samyak Projects Private Limited v. Ansal Housing & Construction, a single judge of the Delhi High Court invalidated an arbitration clause as the underlying agreement was void ab initio. This represents a departure from the general rule of severability of...

Setting Aside Arbitral Awards for Defective Reasoning

[Aman Deep Borthakur is a 5th Year B.A. LL.B. student at the National Law School of India University, Bengaluru] The quality of arbitral awards has been a recurring concern leading to the pursuit for professionalisation of arbitration through the 2019 amendments to the Arbitration and Conciliation Act, 1996 (the “Act”). The Supreme Court, in its recent decision in Dyna Technologies v. Crompton...

Arbitrability of Fraud in India: The Rashid Raza test for Complex Fraud

[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. The authors give special thanks to Dr. V. Niranjan and Mr. Anubhav Khamroi for their inputs.] The term “arbitrability” generally connotes the capability of a dispute or classes of disputes that can be settled by an arbitrator.[1] As far as...

Call for Posts: RMLNLU Arbitration Law Blog

[Announcement on behalf of the RMLNLU Arbitration Law Blog] About the Organizer Dr. Ram Manohar Lohiya National Law University is a law institute located in Lucknow, India. It is regarded as one of the premier law schools in country. Dr. RMLNLU was established in the year 2005, and since then has been providing undergraduate and post-graduate legal education. It has been ranked among the top law...

Section 16 of the Arbitration & Conciliation Act, 1996 – A Model Law Approach in India?

[Rahul Saraswat is a 5th year student at Gujarat National Law University, Gandhinagar and Aditi Nandanwar a 5th year at Hidayatullah National Law University, Raipur] One of the fundamental principles of arbitration is “Kompetenze-Kompetenze”, which empowers the arbitral tribunal to rule upon its jurisdiction and other related issues. Section 16 of the Arbitration and Conciliation Act...

Call for Papers: NLIU Forum for Research in Arbitration Law

[Announcement on behalf of the NLIU Forum for Research in Arbitration Law] The NLIU Forum for Research in Arbitration Law (NFRAL) now invites submissions for publication on its platform www.nfral.in. About NLIU The National Law Institute University, Bhopal (NLIU) is a leading law school in India, which was established in 1997 by an enactment of the State Legislature of Madhya Pradesh. About NFRAL...

Does the Confidentiality Provision Pose a Stumbling Block in Arbitration?

[Rose Maria Sebi is a third year student and Sandeep Golani a second year student, both at National Law University Odisha] The Arbitration & Conciliation (Amendment) Act, 2019 intends to make India a hub for international and domestic arbitration. To achieve this ambitious goal, the legislature has introduced a confidentiality provision under section 42A of the Arbitration and Conciliation...

Determination of Supervisory Jurisdiction by the Indian Supreme Court: Venue in the Driver’s “Seat”?

[Vivek Krishnani is a student at National Law University, Jodhpur] The judgment of the Indian Supreme Court in Brahmani River Pellets Ltd. v. Kamachi Industries Ltd. has invited diverse opinions from legal researchers and law students (which can be found here and here). While it is appreciated that the distinction between domestic and international arbitration has been correctly identified in the...

Was the Supreme Court’s Approach in Declaring Consumer Disputes as Non-Arbitrable Outcome-Driven?

[Ganesh A Khemka is a lawyer who graduated in 2019 with a B.A. LL.B.(Hons.) from the National Law School of India University, Bangalore] In 2018 the Supreme Court of India in Emaar MGF Land Ltd v. Aftab Singh considered the question of whether consumer disputes should be referred to arbitration under section 8(1) of the Arbitration Act (“Act”) if there existed a mandatory arbitration clause or...

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