TagArbitration

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...

Delhi High Court on Determining Ineligibility of an Arbitrator

[Kishan Gupta is a 4th Year B.A.LLB (Hons.) Student at Dr. RML National Law University, Lucknow] By the introduction of the 2015 amendment to the Arbitration and Conciliation Act, 1996, the standard of reviewing the independence and impartiality of arbitrators has become more stringent. As it now stands, the Act contains two schedules detailing the grounds: (a) that might give rise to justifiable...

Arbitrability of IP Disputes in India: Lessons from Hong Kong

[Chandni Ghatak is a final year B.A. LL.B (IPR Hons.) student at the National Law University, Jodhpur] India has constantly been making attempts to emerge as a pro-arbitration hub in Asia. While many of these attempts are laudable, a contentious issue that persists is the confusion prevailing over arbitrability of certain kinds of disputes. One such category of disputes is where the subject...

Injunction in Investment Arbitration: Union of India v. Khaitan Holdings

[Aman Deep Borthakur is a 4th year student at the National Law School of India University, Bangalore] Introduction After two failed attempts at injuncting different investment arbitration cases, the Union of India recently made another attempt before the Delhi High Court. In Union of India v. Khaitan Holdings (Mauritius) Ltd and Ors.), the Union of India sought an interim injunction against...

Assignment in Arbitration: Scope and Issues in India

[Krishan Singhania is Managing Partner and Alok Vajpeyi an Associate at Singhania & Co]            Arbitration is a binding voluntary alternative dispute resolution process by a private forum chosen by the parties. It can broadly be divided into three stages, first being the pre-arbitration stage (prior to the time when the dispute arises), second is during the course of arbitration...

Supreme Court Rules on the Arbitration and Conciliation (Amendment) Act, 2015

[Raghav Kohli is a III year B.A., LL.B. (Hons) student at Gujarat National Law University] On 23 January 2019, a division bench of the Supreme Court of India in Rajasthan Small Industries Corporation Limited v. M/s Ganesh Containers Movers Syndicate set aside an order of the Rajasthan High Court, which had allowed an application for appointment of a substitute arbitrator under sections 11 and 15...

Venue vs. Seat: A Curious Case for the Indian Judiciary’s Self-Restraint

[Divpriya Chawla is an associate with a law firm in Delhi] The crucial importance of the choice of the ‘seat’ in an international arbitration is universally accepted and cannot be overstated due to its impact on the questions of applicable law, nature of supervisory jurisdiction, post-award challenge proceedings, and enforceability (2015 International Arbitration Survey).  Despite the profound...

An Overview of Exceptions to Moratorium under the Insolvency And Bankruptcy Code

[Radhika Malpani is a 3rd year B.B.A., LL.B student at National Law University, Jodhpur] With the enactment of the Insolvency and Bankruptcy Code, 2016, (“Code”) a unified framework to deal with insolvency has been set in place. Previously, insolvency was dealt under multiple statutes and scattered provisions embedded with numerous complexities. With the introduction of the Code, the liquidation...

Can an Ex-employee of a Party be appointed as an Arbitrator?

[Rajvansh Singh and Tanay Mishra are students at National Law University Odisha] Independence and impartiality are considered to be the cornerstone of arbitration. The duty of an arbitrator to remain independent and impartial is codified under section 12 of the Arbitration and Conciliation Act 1996 (the “Act”). Neither section 12 of the Act nor Article 12 of the UNCITRAL Model Law provides any...

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