TagArbitration

Validity of Arbitration Clause in Unstamped Instruments: The Saga Continues

[Abhishek Mishra is an alumnus of Symbiosis Law School, Pune and practices at the Delhi High Court] By way of its judgment dated January 11, 2021 in N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd., the Supreme Court reopened the seemingly settled issue of whether non-payment of stamp duty on a contract will invalidate the constituent arbitration clause as well. Due to contrary...

China’s Claim concerning App Ban Under International Investment and Trade Law – Part II

[Angeline Priety and Rohin Goyal are fourth-year law students at Gujarat National Law University] In Part I of this post, we explained the possible recourse that Chinese investors may have against India’s app ban under the Indo-China Bilateral Investment Treaty (“BIT”). In Part II, we shall first examine India’s possible defence against claims by Chinese investors under the Indo-China BIT and...

China’s Claim concerning App Ban Under International Investment and Trade Law – Part I

[Angeline Priety and Rohin Goyal are fourth-year law students at Gujarat National Law University] On September 2, 2020, India’s Ministry of Electronics and Information Technology released a press note banning 118 mobile applications of Chinese origin. This blocking order, the third such order in a span of two months, was prompted by concerns with respect to the sovereignty of India, particularly...

Vidya Drolia Case: Final Chapter in the Arbitrability of Fraud Saga?

[Sumit Chatterjee and Rajashri Seal are students at the National Law School of India University, Bangalore] On 14 December 2020, the Indian Supreme Court delivered its judgement in Vidya Drolia v. Durga Trading Corporation (‘Vidya Drolia’), addressing a host of issues pertaining to the domestic arbitration framework in India. By laying down a definitive checklist to determine whether a particular...

Future-Amazon Case and the Bumpy Road to Emergency Arbitrations in India

[Aakanksha Jadhav and Mustafa Rajkotwala are 3rd year B.A. LL.B. (Hons.) students at NUJS, Kolkata and NALSAR, Hyderabad, respectively] In a significant boost to party autonomy in India, the Delhi High Court explicitly recognised the compatibility of emergency arbitrations with the Arbitration and Conciliation Act, 1996 (the ‘Act’) in the recent decision in Future Retail Limited v. Amazon...

Decluttering the 2020 Amendment to the Arbitration and Conciliation Act, 1996

[Animesh Bordoloi is an Assistant Lecturer at the Jindal Global Law School and Hitoishi Sarkar is a III year student at the Gujarat National Law University] The recent Arbitration and Conciliation (Amendment) Ordinance, 2020 (“Ordinance”), which amended section 36, has once again put the Indian arbitration discourse in the center stage. In a rarity, the ordinance reverses the 2015...

Choosing a Foreign Seat: A New Dilemma for Two Indian Parties?

[Tawishi Beria and Rakshit Assudani are 4th year B.B.A., LL.B. (Hons.) students at Jindal Global Law School, Sonipat, Haryana] The Gujarat High Court in GE Power Conversion India Private Limited v. PASL Wind Solutions Private Limited (decided 3 November 2020) addressed two critical issues that have been plagued with ambiguity in the Indian arbitration framework for a long time, namely, Indian...

Arbitration And Conciliation (Amendment) Ordinance, 2020: Will It Do More Harm Than Good?

[Ramkishore Karanam is a senior associate at AK Law Chambers and practices at the Madras High Court] The Arbitration and Conciliation (Amendment) Ordinance, 2020, which was promulgated on 4 November 2020 (“2020 Ordinance”), has currently created a furore. The 2020 Ordinance essentially seeks to make the following amendments: a) to grant unconditional stay of the arbitral award under section 36...

Balasore Alloys v. Medima: Rethinking Anti-Arbitral Injunctions

[Aarohi Chaudhuri is a second-year B.A. LL.B. (Hons.) student at the National Law School of India University, Bangalore] Anti-arbitration injunctions refer to injunctions granted by civil courts to stay the initiation or continuance of arbitration proceedings. Traditionally, Indian courts have laid down conflicting jurisprudence on civil courts’ powers to intervene in an arbitration by granting...

Call for Submissions: Special Issue of NLS Business Law Review on International Arbitration

[Announcement on behalf of the NLS Business Law Review] The Board of Editors of the National Law School Business Law Review is pleased to invite original and unpublished manuscripts for the Special Issue of the NLS Business Law Review. About the Institution The National Law School of India University is an institution of legal education focusing on legal and policy education in India at the...

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