TagArbitration

[Karan Kamath is an Advocate, Bombay High Court and an LLM candidate at the University of Edinburgh. The author would like thank Mr Rohan Deshpande, Counsel, Bombay High Court, Barrister (unregistered), Inner Temple, and MCIArb, for comments on an earlier draft] In a section 11(6) application, a three-judge bench of the Supreme Court recently dealt with the vexed issue of arbitration agreements...

[Velpula Audityaa is an Advocate practicing before the Madras High Court and trial courts in Chennai. The author is thankful to Nirmal Prasad (Advocate, Delhi High Court) for his inputs on this post] In an earlier post, a Delhi High Court division bench’s order dated 5 January 2022 in staying the arbitral proceedings between Amazon and the Future Group before a SIAC tribunal, was rightly...

[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...