TagArbitration

[Ramkishore Karanam is an Advocate practising at the Madras High Court and Akash Santosh Loya is an Advocate practising at the Bombay High Court] Recently, the Supreme Court pulled up a Public Sector Undertaking (“PSU”) for haggling over the arbitral fees of an Arbitral Tribunal consisting of retired judges and expressed its intention to initiate contempt proceedings if the PSU continued to...

[Anushka Juneja is a 2nd year B.A., LL.B. (hons.) student at Gujarat National Law University] Section 11 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) empowers the courts to appoint an arbitrator in case any dispute arises between the parties. For the purpose of the aforementioned section, the power is confined to the examination of the existence of an arbitration agreement as...

[Sumit Chatterjee is a final year student at the National Law School of India University (NLSIU), Bangalore] On 18 January 2022, a single judge of the Delhi High Court upheld the prohibition on unilateral appointment of arbitrators by parties in Envirad Projects v NTPC Ltd., rejecting the validity of the arbitral clause providing NTPC with the exclusive right to appoint the sole arbitrator. The...

The arbitral proceedings initiated by Amazon against the Future Group before a Singapore arbitral tribunal has already received considerable judicial attention in the courts in India. In a recent turn of events, a division bench of the Delhi High Court on 5 January 2022 stayed the arbitral proceedings upon the request of the Future Group, and overturned the ruling of a single judge of the same...

[Darshil Sakhia is a second-year student at NALSAR University of Law, Hyderabad.] In August 2021, a division bench of the Supreme Court of India, in its landmark decision in Gemini Bay Transcription v. Integrated Sales Service, ruled that a foreign arbitral award can be enforced against non-signatories to the arbitration agreement. The Court rejected the contention of the appellant that their...

[Raghav Bhatia is an Advocate practicing at the Supreme Court of India and Devanshi Gupta is a IV year law student at Jindal Global Law School] Recently, in State of Haryana v M/s Shiv Shankar Construction (14 December 2021), the Supreme Court of India had the opportunity to answer, inter alia, whether a claim raised after the filing of a Statement of Claim (‘SOC’) could be awarded or not...

[The following post has been authored by Vasundhara Shankar, Founding and Managing Partner, Verum Legal, and Aastha Arora, Partner, Verum Legal] Arbitration is an alternative dispute mechanism process wherein the parties intend to resolve the dispute expeditiously without judicial intervention. With this intent, the Arbitration and Conciliation Act, 1996 was enacted and amended subsequently to...

[Ameya Vikram Mishra is an Associate at the office of Justice AK Sikri (Retd.). Satya Jha is a graduate of NUJS, Kolkata.] The 2015 Amendment Act brought significant changes to Section 9 of the Arbitration & Conciliation Act, 1996 (“Act”), which deals with granting interim reliefs by courts. The 2015 Amendment Act curtailed the court’s powers to grant interim reliefs once the arbitral...

[Dhruv S. Patel is an advocate practising in Gujarat and is associated with the Chambers of Adv. Jaideep B. Verma.] The appointment of substitute arbitrators in India has not been as straightforward as one would like to imagine. Since the last two decades, the Supreme Court of India and several High Courts have focused on the interpretation of various aspects pertaining to such appointments by...

[Raushan Kumar is a 3rd year B.A. LL.B. (Hons.) student at Damodaram Sanjivayya National Law University, Visakhapatnam.] Prior to the 2015 amendment to the Arbitration and Conciliation Act, 1996, parties were at liberty to approach courts to seek interim relief at any time before the commencement of the arbitration proceedings, during the arbitration proceedings, or at any time after making of...