TagArbitration

The Vodafone Arbitration and the Idea of the Rule of Law

[Nigam Nuggehalli is the Dean, School of Law, BML Munjal University. He is the author of a monograph on international taxation from an Indian perspective] On Friday last week, the Permanent Court of Arbitration at The Hague unanimously decided that India’s imposition of a retrospective tax on Vodafone was in violation of the India-Netherlands Bilateral Investment Treaty (BIT) that required the...

Scope of ‘Patent Illegality’ in Refusing Enforcement of Arbitral Awards

[Abhijeet Shrivastava is a 3rd year law student and Anujay Shrivastava a law graduate (class of 2020), both from Jindal Global Law School. We are extremely grateful to the editorial team at IndiaCorpLaw for their valuable inputs and editorial assistance.] Among the various grounds to set aside or refuse enforcement of an arbitral award, the ground of ‘patent illegality’ has been the subject of a...

2019 Amendment to Arbitration Law: Foreign Arbitrators in Indian Seated Arbitrations

[Ajar Rab is a partner and Ankit Singh an associate at Rab & Rab Associates LLP, Dehradun] The Indian arbitration legal regime is often a subject of criticism, and the government has tried to plug the loopholes by bringing in several policy changes including amendments to the Arbitration and Conciliation Act 1996 (“Act”).  The most recent amendment passed in August 2019 (“Amendment”) was...

NCLT’s Riddled Take on Enforcement of Foreign Awards under the IBC

[Sridutt Mishra is a 5th year student and Parthsarthi Srivastava is a 4th year student, both at National Law University Odisha] The Insolvency and Bankruptcy Code, 2016 (‘IBC’) has always witnessed friction with respect to claims arising out of arbitration. In 2018, the Supreme Court settled the highly contested issue of whether an arbitral award pending challenge under section 34 of the...

Expert Evidence in Arbitration: Should India Dip Its Toes in the Hot-Tub?

[Harsh Srivastava is a 5th year B.A., LL.B. (Hons.) student at the National Law School of India University, Bangalore] For long, India has been seen as a ‘non-arbitration friendly’ jurisdiction owing, inter alia, to the length, costs and inefficiency of the proceedings. Efforts have been made to improve the arbitral framework of the country by incorporating international best practices and...

Arbitrability of Fraud and the ‘Public Flavour’ Standard

[Karan Kamath is a 2020 B.A. LL.B. (Hons.) graduate from Symbiosis Law School, Pune.] On August 19, 2020, a Division Bench of the Supreme Court decided Avitel Post Studioz Ltd. v. HSBC PI Holdings (Mauritius) Ltd., wherein the central question related to arbitrability of fraud, in an appeal arising out of the Bombay High Court’s decision in a petition under section 9 of the Arbitration and...

Call for Submissions: 5th Gary B. Born Essay Competition on International Arbitration

[Announcement on behalf of CARTAL] The Centre for Advanced Training and Research in Arbitration Law (‘CARTAL’) provides a platform for academicians, professionals and students to interact and discuss contemporary issues in arbitration law.  The mandate of the Centre is achieved by the organization of workshops, conferences and guest lectures to facilitate the understanding of such issues. ...

End to the Confusion on Amended Timelines under Section 29A of the Arbitration Act

[Divyansha Agarwal and Kunwar Abhay Singh are practicing lawyers at the Delhi High Court, and are associate lawyers with Advani and Co.] On July 21,2020, the Delhi High Court, in the matter of ONGC Petro Additions v Fernas Constructions Co. Inc., finally brought an end to the long-drawn confusion on the applicability of the amended timelines under section 29A of the Arbitration and Conciliation...

The MSME Act and Arbitration Agreements: First Mover Advantage?

[Vaishnavi Chillakuru is a lawyer based in Mumbai] The primary objective of the Micro Small and Medium Enterprises Development Act, 2006 (“MSME Act”) is to “provide for facilitating the promotion and development and enhancing the competitiveness” of micro, small and medium enterprises. To further this objective, the MSME Act contains provisions for dispute resolution which are applicable to...

Gender and Ethnic Diversity in Arbitral Institutions: Where Do We Stand?

[Dhriti Mehta is a 2nd year LLB student at Campus Law Centre, Faculty of Law, University of Delhi] Over the past few decades, concomitant with the rise of international arbitration, institutional arbitration has increasingly become a preferred option for dispute resolution. The arbitral institutions wield significant influence concerning the arbitrator appointments. In cases where the parties...

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