TagArbitration

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...

Seat and Venue: Why Brahmani River is Good Law

[Ankit Singh is a 5th Year student at the School of Law, UPES Dehradun. The author would like to thank Mr. Ajar Rab, Partner, Rab & Rab Associates LLP for his valuable inputs and suggestions] This post is in defense of the criticism levied against the judgment of the Supreme Court in Brahmani River Pellets Limited v. Kamachi Industries Limited in an earlier post available here. It has been...

The Indian Supreme Court’s Decision in Pam Developments: Upholding Equal Treatment over Sovereign Privilege

[Aditya Suresh is a third year B.A., LL.B. (Hons.) student at National Law University, Jodhpur and Associate Editor, Indian Journal of Arbitration Law]  Section 34 of the Arbitration and Conciliation Act 1996 deals with set-aside proceedings initiated at the recognition stage, after the arbitral proceedings have been completed and an award has been made. However, this provision does not clearly...

“Group of Companies” Doctrine & Post-Negotiations in the Context of an Arbitration Agreement

[Achyutha GM and Pranika Correa are students at the Gujarat National Law University] The Supreme Court’s decision in Reckitt Benckiser (India) Pvt. Ltd. v. Reynders Label Printing India Private Limited on 1 July 2019 is a bittersweet journey for the doctrine of “group of companies”. The Court’s refusal to implead the foreign subsidiary saw the doctrine to its true spirit. However, a blanket ban...

Parties Can Determine the Fee of the Arbitral Tribunal: Party Autonomy Reaffirmed

[Pareekshit Bishnoi is an advocate practicing in Delhi, India and a graduate of the National Law University Odisha] Arbitration is primarily a party-designed and party-driven process. This is because the arbitration laws across jurisdictions hold party autonomy as a cardinal principle of the process. The parties are allowed to form an arbitral tribunal with members of their choice, determine...

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