TagArbitration

Call for Blog Posts: RMLNLU Arbitration Law Blog

[Announcement from RMNLU’s Society for Excellence in Arbitration Law] RMLNLU’s Society for Excellence in Arbitration Law invites guest contributions to its blog. Offers for contributions are welcome from academics (including researchers and Ph.D. students), practitioners (lawyers, NGO employees, and civil servants) and students. Blog posts could cover any area of Arbitration Law, but must (a)...

Demystifying Pre-Deposit Clauses in Arbitration Agreements

[Anirudh Lekhi is an associate at a law firm in New Delhi, having graduated from National University of Juridical Sciences in 2017] Parties elect to incorporate pre-deposit clauses (PDCs) in arbitration agreements to principally weed out frivolous claims. Typically, PDCs provide for parties to deposit a portion of the amount claimed, with a bank, before initiating arbitration. In this regard, a...

Bombay High Court Differentiates Options from Forward Contracts

[Debayan Gangopadhyay is a 3rd year B.A., LL.B. student at ILS Law College, Pune] An option in securities popularly known in forms such as “call” or “put” option is typically a clause in an agreement for transfer of shares through which the option holder gets the option to sell its shares to or buy additional ones from the transferor on a future date. An “option” is the right or entitlement, but...

Bombay High Court Cements the Continuing Jurisdiction of Arbitration-Seat Court during Enforcement

[Parimal Kashyap is a third year B.A., LL.B (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow] Is an arbitral award synonymous to the decree of a court? A reading of section 36 of the Arbitration and Conciliation Act 1996 may suggest a positive answer. The provision dealing with enforcement of domestic awards reads: 36. Enforcement.—(1) Where the time for making an...

Supreme Court on Arbitration Agreement in an Unstamped Instrument

[Mansi Patel is a Partner, SRA Consulere, Advocates] In Garware Wall Ropes v Coastal Marine Constructions & Engineering Ltd (10 April 2019), the Supreme Court held that an arbitration agreement in an unstamped instrument does not exist in law; thus it cannot be acted upon by courts for the appointment of an arbitrator under section 11 of the Arbitration and Conciliation Act, 1996. By this...

Preclusive effect of Res Judicata in International Commercial Arbitration: A Baffling Syndrome

[Prabhakar Yadav is a III Year student pursuing B.A.LL.B. (Hons.) at the National Law School of India University, Bangalore] The doctrine of res judicata is a potent tool for any legal order which aims to achieve efficiency and consistency in the judicial administration. This objective is achieved by the fact that res judicata buries disputes to rest by creating a preclusive effect of prior...

Identifying The Arbitral Seat From Ambiguous Dispute Settlement Clauses—Has Supreme Court Muddied The Waters?

[Anirudh Lekhi is an associate at a law firm in New Delhi, having graduated from National University of Juridical Sciences in 2017] The choice of the arbitral seat is fundamental to arbitration. The seat determines the lex arbitri as well as the courts that exercise supervisory jurisdiction over the arbitration. Although the distinction between the ‘venue’ and ‘seat’ of arbitration is well...

Bombay High Court on the Rights Available under the Arbitration and Conciliation Act if the Seat of Arbitration is London

[Gourav Mohanty is a lawyer in Mumbai]  The judgment of Bombay High Court earlier this year in Prysmian Cavi E Sisteni S.r.l v Viiay Karia may have struck a death knell to the prospects of choosing London as a seat of arbitration for Indian parties. This post will examine whether pursuing a London-seated arbitration would deprive an award debtor of its right to resist an award on jurisdictional...

Arbitrating Disputes under the Transfer of Property Act, 1882

[Abhinav Sankaranarayanan is a III year B.A.L.L.B (Hons.) student at the West Bengal National University of Juridical Sciences, Kolkata (WBNUJS)] Background On 28 February 2019, a Division Bench of the Supreme Court in Vidya Drolia v. Durga Trading Corporation revisited the convoluted jurisprudence surrounding the arbitrability of disputes governed by the provisions of the Transfer of Property...

Jaiprakash Associates Case: A Throwback to Judicial Interference in the Arbitral Process?

[Rishabh Malaviya is an Advocate at Arista Chambers, Bangalore] The Supreme Court’s recent decision in Jaiprakash Associates Ltd. v. Tehri Hydro Development Corporation India Ltd. (2019 SCC OnLine SC 143) discussed the scope of an arbitral tribunal’s power to award pendente lite interest. While the decision only reiterates the position of law laid down in several previous cases, the approach...

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