TagArbitration

Where to File for Execution of an Arbitral Award? SC settles the Debate

[Saarthak Jain is a 2nd year B.A., LL.B. (Hons.) student at National Law School of India University (NLSIU), Bangalore with a deep interest in arbitration and corporate law.] In Sundaram Finance Ltd. v. Abdul Samad, the Supreme Court this month settled the debate on the question as to whether an arbitral award is required to be filed for execution in the court having jurisdiction over the...

Resolving the Issues Arising from Emergency Arbitration

[Aanchal Jain is a 4th year B.A.L.L.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow, India] Introduction Foremost among the new developments in the field of arbitration stands the concept of emergency arbitration.  Although emergency arbitration is a relatively new phenomenon, it has gained significant traction. This is reflected in both the number of institutional...

Impact of Assignment and Novation on Arbitration Agreements

[Kunal Kumar is 4th Year B.A., LL.B. student at National Law University, Jodhpur] Introduction In light of the judgment delivered by the Supreme Court in BALCO, Part I of the Indian Arbitration and Conciliation Act, 1996 (the “Act”) has no applicability to foreign-seated arbitration (except in case of agreements concluded prior to the judgment), and the parties shall be referred to arbitration...

Incorporation of Arbitration Clause by Reference

[Anshuman Chowdhury is a 5th year BBA, LL.B.(Hons.) Student of National Law University Odisha] In a recent judgment in Inox Wind Ltd v Thermocables Ltd (“Inox Wind”) judgement, the Supreme Court held that “a general reference to a standard form of contract of one party will be enough for incorporation of arbitration clause”. This was apparently an expansion of the scope of reference for...

Fork in the Road – Nissan’s Arbitration Against India

[Utsav Prashar is a 2014 graduate of NALSAR University of Law] The legal maxim Ubi jus ibi remedium expresses that there is no wrong without a remedy.[1] In the landmark case of Ashby v. White,[2] the House of Lords observed: “When the law clothes a man with a right he must have means to vindicate and maintain it……and it is a vain thing to imagine a right without a remedy”.[3] The...

Revisiting Arbitrability of Claims of Oppression and Mismanagement: A Singapore Perspective

[Aishwarya Singh is a 4th year student at Jindal Global Law School] The Bombay High Court (HC) in the case of Rakesh Malhotra v. Rajinder Kumar Malhotra (2014) had held that oppression and mismanagement claims are not arbitrable because the arbitral tribunal does not have the power to grant all the statutory reliefs available in a minority oppression claim. On the other hand, the Singapore Court...

Arbitrability of Fraud in India – Is Ayyasamy only about “Seriousness”?

[Shubham Jain and Prakshal Jain are V Year B.A., LL.B. (Hons.) students at National Law School of India University, Bangalore] Introduction The question of arbitrability of fraud in case of domestic seated arbitration in India was addressed by the Supreme Court in A. Ayyasamy v. A. Paramasivam (“Ayyasamy”). Ayyasamy has been subjected to much discussion and criticism here, here, here and here...

Insolvency Code: Beneficial Proceedings Relating to Corporate Debtor outside the Scope of Moratorium

[Aayush Mitruka is a lawyer based in Delhi] The Delhi High Court’s ruling in the case of Power Grid Corporation of India Limited Jyoti Structures Limited (11 December 2017) assumes importance because it is one of the very few decisions interpreting section 14 of the Insolvency and Bankruptcy Code, 2016 (Code) that deals with moratorium. In a significant outcome, the Court travelled beyond the...

Supreme Court Declines to Make Composite Reference to Arbitration from Interrelated Multiple Agreements

[Ritvik M. Kulkarni is an associate with Wadia Ghandy & Co., Mumbai. Views are strictly personal] In its order last month in Duro Fulgeura v. Gangavaram Port Ltd., the Supreme Court of India refused to make a composite reference and to appoint a single arbitral tribunal for disputes arising out of multiple agreements between the same parties (the “Order”). Factual Background A tender was...

Reviewing Arbitrability at the Interim Relief Stage

[Agnish Aditya is a 4th Year B.B.A LL.B student at NLU Odisha] In a judgment rendered last month, the Madras High Court considered the impact of non-arbitrability on granting an interim relief. In Lifestyle Equities Cv v. QDSeatoman Designs Pvt. Ltd (“Lifestyle”), the Court was called upon to decide the arbitrability of certain disputes pertaining to intellectual property rights in an application...

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