[Natasha Matange and Dharmvir Brahmbhatt are 4th and 5th year students at Gujarat National Law University, Gandhinagar] Arbitration has been growing as a method of dispute resolution in recent years both in India and abroad. It is more formal than mediation, yet has certain procedural similarities to litigation. The essence of arbitration is rightly considered to be consent. It is recognised by...
Writ Petitions Not Ordinarily Maintainable against Non-Interim Arbitral Orders
[Anujay Shrivastava is an Advocate (India-qualified) and incoming LLM candidate at the University of Cambridge, and Abhijeet Shrivastava is a final year law student at Jindal Global Law School, India] Recently, a single judge of the Delhi High Court issued an order in Easy Trip Planners Ltd. v. One97 Communications Ltd. (25 July 2022), where it precluded a party from challenging an ‘order’ of an...
Analysing the Effect of the Supreme Court Judgement in Indian Oil Corporation Limited v. NCC Limited
[Dhiraj Abraham Philip is an Advocate-on-Record of the Supreme Court of India and a Partner at the law firm, Dua Associates] The Supreme Court in its judgment dated 20 July 2022 in Indian Oil Corporation Limited v. NCC Limited, held that even after the insertion of sub-section (6-A) in section 11, the scope of inquiry by the Court was not confined to the examination of whether a binding...
Call for Submissions: 7th Gary B. Born Essay Competition on International Arbitration, 2022
[Announcement on behalf of the Centre for Advanced Research and Training in Arbitration Law & Indian Journal of Arbitration Law, National Law University, Jodhpur] Themes: Harmonising principles on joinder and consolidation: necessity or an issue taken too seriously? Reconciling arbitration with insolvency proceedings and corporate restructuring; Third-party funding and disclosures in...
Termination of the Mandate of the Arbitrator appointed by Mutual Consent
[Megha Shaw is an Incoming Associate at S&A Law Offices and Ashish Kumar is a fourth year student at NMIMS, Bangalore] In the recent case of Swadesh Kumar Agarwal v Dinesh Kumar Agarwal, the Supreme Court of India (“SC”) has explained the scope of section 11(6) vis-à-vis section 14(1)(a) of the Arbitration and Conciliation Act, 1996 (“Act”). Section 14(1)(a) encapsulates the termination of an...
Blockchain Arbitration in India: Adopting the Hybrid Model Envisaged by Mexican ‘Kleros’ Case
[Raghav Saha and Harshit Upadhyay are 3rd year B.A LL.B (Hons.) students at Gujarat National Law University, Gandhinagar] The recent developments in the domain of blockchain arbitration are redefining the traditional dispute resolution mechanism. Recently, a Mexican court upheld the legal validity of an arbitral award reached using the blockchain arbitration platform, ‘Kleros.’ The idea of...
Supreme Court Explains Scope of Section 60(6) of IBC
[Raghav Bhatia is an Advocate, currently practising at the Supreme Court of India. The author would like to acknowledge Diali Sahana, 3rd Year Law Student of NUJS Kolkata, for her assistance] Recently, the Supreme Court of India in New Delhi Municipal Council v. Minosha India Limited explained the scope of section 60(6) of the Insolvency and Bankruptcy Code, 2016 (“IBC”). Under section 60(6) of...
EIG (Mauritius) v. McNally Bharat Engineering: Taming the Unruly Horse
[Pratyush Singh and Dhawal M are second year students at NLSIU, Bangalore] An arbitral award can be rejected on grounds of violating the public policy of the country where it has to be enforced under the New York Convention, 1958. However, “public policy” has not been defined by the Convention. This has led to much uncertainty across jurisdictions as every country applies their own standards...
Supreme Court Reiterates its Limited Jurisdiction to Interfere with Contractual Terms
[Raghav Bhatia is an Advocate practising at the Supreme Court of India] Recently, in Indian Oil Corporation Ltd. v. Shree Ganesh Petroleum Rajgurunagar, the Supreme Court of India (“Supreme Court”) has reiterated that courts and arbitral tribunals have limited jurisdiction when it comes to interfering with the terms of a contract. Background The Indian Oil Corporation Ltd. (“lessee”) and M/s...
Arbitral Award Without Findings Cannot Be Remitted under Section 34(4)
[Raghav Bhatia is an Advocate practising at the Supreme Court of India] Recently, in I-Pay Clearing Services Pvt. Ltd. v ICICI Bank Limited, the Supreme Court of India has observed that under section 34(4) of the Arbitration and Conciliation Act, 1996 (“Act”), a court cannot remit the matter back to arbitral tribunal where no findings at all have been recorded. Background I-Pay Clearing Services...
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