TagArbitration

A Proposed Enforcement Mechanism for Foreign-Seated Interim Orders in India

[Abhisar Vidyarthi is a BCL student at the University of Oxford and Pragya Agarwal is an advocate practising in New Delhi] Arbitration law in India is gearing towards another round of reforms as the Indian government has set up a high-level expert committee to recommend reforms to the [Indian] Arbitration & Conciliation Act, 1996. The terms of reference of the Expert Committee, among other...

Group of Companies Doctrine: Judgments Implicitly Overruled in Cox & Kings

[Varun Srinivasan is an advocate practising in New Delhi and is a junior in the chambers of Mr. Gaurav Pachnanda SA] The five-judge decision of the Supreme Court in Cox & Kings Ltd v. SAP India Pvt Ltd 2023 INSC 1051 has already been well summarized here and some of its implications are discussed here. The focus of this post is to recognize some of Cox & Kings’ more subtle contributions...

Addressing Unstamped Arbitration Agreements: Novel Ways to Reinforce Arbitral Autonomy

[Akash Kumar Surya is a 3rd year B.A., LL.B. (Hons.) student at the National Law School of India University, Bengaluru] In the case of In Re: Interplay the Supreme Court recently delivered its verdict on the legal position of unstamped arbitration agreement in India. The judgement has settled the issue, bringing clarity on a matter whose jurisprudence has otherwise been marked by chequered...

Unstamped Arbitration Agreements: Will the Wheels Stop Spinning?

On 13 December 2023, a seven-judge bench of the Supreme Court rendered its verdict in In Re: The Interplay between arbitration agreements under the Arbitration and Conciliation Act, 1996, and the Indian Stamp Act, 1899 (“In Re: The Interplay”) on the validity and enforceability of unstamped arbitration agreements. This issue had become a matter of some consternation for the arbitration community...

Stamping Out Uncertainty: Resolving the Conundrum of Unstamped Arbitration Agreements

[Hrishikesh Goswami and Aryan Soni are 3rd year students at the Gujarat National Law University, Gandhinagar] The enforceability of arbitration clauses within inadequately stamped agreements has been a longstanding matter of legal scrutiny, with divergent opinions and decisions from various courts, including the Supreme Court. However, a significant resolution was achieved on December 13, 2023...

SC Ruling on “Group of Companies” Doctrine: Viewed Through a Corporate Law Lens

On 6 December 2023, a five-judge bench of the Supreme Court in Cox & Kings Ltd. v. SAP India Pvt. Ltd. recognized the “group of companies” doctrine as being part of Indian arbitration law. By virtue of this doctrine, “an arbitration agreement which is entered into by a company within a group of companies may bind non-signatory affiliates, if the circumstances are such as to demonstrate the...

Group of Companies Doctrine: Apex Court’s Landmark Ruling in Cox and Kings

[Manas Rohilla and Smruti Kulkarni are 3rd year B.A., LL.B. (Hons.) students at the Gujarat National Law University, Gandhinagar]  In the era of complex and multi-party transactions, the issue of whether non-signatories to an arbitration agreement can be bound by it has been largely relevant and contentious. On 6 December 2023, a five-judge constitution bench of the Supreme Court of India, in Cox...

Pre-Deposit Clauses in Arbitration Contracts: Analyzing the LombardiEngineering Case

[Suyash Pandey is a third year B.A., LL.B. (Hons.) student at the National Law School of India University, Bangalore] Recently, the Supreme Court (‘SC’) in Lombardi Engineering Limited v. Uttarakhand Jal Vidyut Nigam Limited  has invoked Article 14 of the Constitution of India to test the validity of the pre-deposit arbitration agreement between Lombardi Engineering (‘LE’) and Uttarakhand Project...

SC Expands Scope of Enquiry under Section 11 of the Arbitration Act

[Raghav Bhatia is an advocate practising at the Supreme Court of India. He can be contacted at [email protected]] In April this year, the Supreme Court of India in NTPC Ltd. v. SPML Infra Ltd. has expanded the scope of enquiry to be exercised by a court while referring the disputes for arbitration under section 11 of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’). Background...

Unwinding and Rewinding the Clock: Revisiting Interim Reliefs under Section 9 of the Arbitration Act

[Sumit Chatterjee is an Advocate at Arista Chambers, Bangalore] Interims reliefs under the Arbitration and Conciliation Act, 1996 (“Act”) underwent a significant change following the Arbitration and Conciliation (Amendment) Act, 2015 (“2015 Amendment”). Under the Act, parties can approach the Court under section 9 of the Act to seek interim reliefs before, or during the arbitral proceedings, or...

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