[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...
Appointment of Substitute Arbitrators in India
[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...
Scrutinizing the “Inefficacious Remedy” in Arbitration Proceedings
[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...
Emerging Dispute Resolution Solutions
[Pramod Rao is Group General Counsel, ICICI Bank. This post represents his personal views] Resolving disputes civilly among individuals, or among individuals and enterprises, is a hallmark of a civilized society. Adoption of uniform, standard procedures and processes for dispute resolution provides the required confidence to citizenry, consumers and commercial enterprises that contracts and...
A Look at the Recently Redefined Scope of Section 9 of the IBC
[Jagrati Maru and Vaishnavi Srivastava are 5th year B.A. LL.B. (Hons.) students at Gujarat National Law University in Gandhinagar] Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) empowers an operational creditor to file an application to initiate the corporate insolvency resolution process (CIRP) against a corporate debtor. The section further lists out certain requirements which need...
Revisiting the Enforceability of ‘Foreign-Seated’ Emergency Awards Post-Amazon
[Rishav Sen is a 4th Year B.A., LL.B. (Hons.) student at Jindal Global Law School, Sonipat. He is grateful to Abhijeet Shrivastava and Anujay Shrivastava for providing their valuable feedback on this post] One of the primary objectives of international commercial arbitration is to ensure the enforceability of arbitral awards. To achieve this in practice, once the legal requirements for...
Interim Relief against Third Parties under the Arbitration Act: A Never-Ending Saga
[Ayushi Dubey and Yash Jain are final year B.A. LL.B. (Hons.) students at Institute of Law, Nirma University, Ahmedabad] The Arbitration and Conciliation Act, 1996 (the “Act”) empowers the courts and the arbitral tribunal to grant interim relief under sections 9 and 17 of the Act respectively. The powers of the court under section 9 are wider than that of the tribunal under section 17. Section 9...
Modification of Arbitral Awards and Section 34: An Alternative Perspective
[Deeksha Pokhriyal is a 3rd year B.A., LL.B. (Hons.) student and Aviral Agrawal is a 4th year B.A., LL.B. (Hons.) student at NALSAR University of Law] The Supreme Court of India in The Project Director, NHAI v. M. Hakeem held that courts, while exercising jurisdiction under section 34 of the Arbitration and Conciliation Act, 1996 (‘1996 Act’) do not possess the power to modify an arbitral award...
Enforceability of Foreign Arbitral Awards on Non-signatories
[Anand Singh is a third year student at Hidayatullah National Law University, Raipur] The Supreme Court on 11 August 2021 in Gemini Bay Transcription Pvt. Ltd vs. Integrated Sales Service Ltd. held that foreign arbitral awards are enforceable against non-signatories to the agreement. The judgment clarifies a critical issue, settling the position that the grounds contained under the Arbitration...
Arbitrability of Antitrust Disputes
[Avnish Prakash and Sakshi Jha are 4th year B.A., LL.B. (Hons.) students at Hidayatullah National Law University, Raipur] Arbitration is a private and consensual mode of dispute settlement which has gained immense importance in the contemporary commercial era. Fundamentally, disputes before arbitration must be of private nature, as it is not considered appropriate if disputes with public...
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