TagArbitration

NAFED v. Alimenta S.A: Supreme Court Reverses Trend in Public Policy

[Prince Todi is a 3rd year student at Hidayatullah National Law University, Raipur] The Supreme Court’s decision in NAFED v. Alimenta S.A (Alimenta) (previously discussed here) sparked controversy concerning the interpretation of the term ‘public policy’. The Court refused to enforce a foreign award on the ground that a violation of the Indian law and export restrictions amounted to a...

Supreme Court on Liberal vs. Literal Interpretation of Contracts

[Paridhi Rastogi is 4th year B.Com. LLB (Hons.) student and Yagya Sharma a 4th year BA LLB (Hons.) student, both at the Institute of Law, Nirma University, Ahmedabad]  On 11 May 2020, a three-judge bench of the Supreme Court gave its verdict in South East Asia Marine Engineering and Constructions Ltd. (SEAMEC Limited) v. Oil India Limited while dealing with certain aspects of arbitration and...

Unpacking the English Court Decision in Enka v. Chubb: Reversing the Sulamérica Presumption?

[Satyajit Bose is a III year BA LLB (Hons) student at the National Law School of India University, Bengaluru] On 29 April 2020, the English Court of Appeal delivered its judgement in Enka Insaat ve Sanayi S.A. v. OOO “Insurance Co Chubb”. In a landmark decision, the Court held that in the absence of an express choice of governing law, it ought to be presumed that the parties had implicitly chosen...

The Game of Jurisdictions: Arbitration and Insolvency Proceedings

[Kunal Dey is an Associate at Argus Partners, Kolkata] The Arbitration and Conciliation Act, 1996 has undergone significant changes as a result of the Arbitration and Conciliation (Amendment) Act, 2015. However, before the contours of the amendments (brought into effect on 23 October 2015) could be established by the courts, the Insolvency and Bankruptcy Code, 2016 (IBC) was introduced into the...

Expansion of the Scope of Public Policy: Antithesis to the Judicial Discourse in Enforcement of Foreign Awards

[Smriti Shukla and Yash Raj are 3rd year students of National University of Study and Research in Law (NUSRL), Ranchi] On 22April 2020, the Supreme Court in National Agricultural Cooperative Marketing Federation of India v. Alimenta S.A. refused the enforcement of a foreign arbitral award on the grounds of violation of public policy. The Court, while allowing the appeal, held the award to be ex...

Decoding the Judicial Logjam Surrounding the ‘Seat’ of Arbitration

[Soham Banerjee is an Associate (Dispute Resolution) in a law firm in Mumbai and Salona Mittal is an advocate at the Bombay High Court] There is no gainsaying the fact that determination of the ‘seat’ of arbitration is a vexed question in law, having undergone multiple (and often conflicting) judicial interpretation. Identifying the seat of arbitration is a crucial exercise, since the...

Delhi High Court on Amended Timelines under the Arbitration and Conciliation Act

[Divyansha Agrawal and Kanwar Abhay Singh are practicing lawyers at the Delhi High Court and are associate lawyers with Advani and Co.] Section 29A of the Arbitration and Conciliation Act, 1996 deals with the time limit for passing an arbitral award. Currently, the Act provides a time limit of 12 months after the pleadings are complete for the tribunal to complete the arbitration proceeding and...

The Emerging Ambiguity in Determination of Supervisory Courts for Arbitration Seated in India

[Nikhil Pratap is a lawyer practising at the Supreme of India, High Court at Delhi and other commercial tribunals in Delhi] The Supreme Court in its recent judgments culminating in BGS SGS Soma JV v NHPC Ltd has attempted to provide finality to the issue of determination of the ‘supervisory courts’ for arbitrations seated in India (see here and here). In an attempt to enable convergence of all...

Combatting Frivolous Claims: Arbitral Immunity in India

[Prerona Banerjee is a 4th year student at National Law University Odisha] There is very little authority addressing the obligations of various countries to recognize an arbitrator’s immunity from civil liabilities because most contemporary nations contain broad grants as a part of their arbitration regimes. Through the 2019 amendment, India has also incorporated arbitral immunity through section...

Whether an Order of the Chief Justice under Section 11 of the Arbitration Act is Subject to Review

[Pinak Parikh is an Associate at Singhi & Co, Ahmedabad, and a B.A L.L.B (Corp Hons) graduate (2019) from the Institute of Law, Nirma University] On 18 February 2020, a Division Bench of the Bombay High Court in Antikeros Shipping Corporation v. Adani Enterprises Limited observed that the order passed by the Chief Justice of India or Chief Justice of the High Court under section 11 of the...

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