TagArbitration

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...

Revisiting The Tale Of The Stubborn Law: The Saga of ‘Venue’ vs. ‘Seat’ Of Arbitration

[Kunal Dey is a Judicial Research Assistant] The simple yet intriguing concepts of  ‘seat’ vs. ‘venue’ of arbitration has been at the core of many judicial decisions by various High Courts and the Supreme Court of India who have time and again strived to put the issue to rest. In 2018, the substantial question was assumed to be decided by the landmark judgment of the Supreme Court in the case of...

Status of Arbitration Proceeding and Award during Moratorium

[Jannhvi Bhasin is a commercial & corporate advocate specializing in insolvency law at Kesar Dass B. & Associates and Akshay Sharma is a final year B.A.LLB (Hons.) student at National University of Study and Research in Law, Ranchi] The Insolvency and Bankruptcy Code, 2016 (IBC), which is a complete code in itself and provides for the initiation of a corporate insolvency resolution...

Payment of Stamp Duty Inconsequential to Enforceability of a Foreign Arbitral Award in India

[Anirban Chanda is a fourth-year B.A., LL.B. (Hons.) student and Anujay Shrivastava a final-year B.A., LL.B. (Hons.) student at Jindal Global Law School] While the Indian Arbitration and Conciliation Act, 1996, even after the 2015 amendment, does not expressly lay down any legal requirement that mandates parties to an arbitration agreement to pay stamp duties on an arbitral award, there has been...

Supreme Court on Unstamped Arbitration Agreement: A Further Analysis

[Rahul Kanoujia and Venkata Supreeth K are student at Gujarat National Law University] The case of Garware Wall Ropes Ltd. v. Coastal Marine Constructions & Engineering Co. Ltd, decided by the Supreme Court in April 2019, involved an application made by Coastal Marine under section 11 of the Arbitration and Conciliation Act, for the appointment of a sole arbitrator in response to certain...

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