[Anuj Dubey and Amay Bahri are 4th year students at National Law University, Delhi] The jurisprudence on the interplay between the Insolvency and Bankruptcy Code 2016 (IBC) and the Arbitration and Conciliation Act 1996 (Arbitration Act) is in nascent stages. While friction arises during multiple stages of the proceedings under both laws, the conflict arising out of enforcement of arbitral awards...
Admissibility of Illegally Obtained Evidence in International Arbitration
[Arjun Chakladar and Aman Kumar Yadav are 4th year undergraduate students at National Law Institute University, Bhopal] The Covid-19 pandemic has necessitated the digital shift and increased dependence on digital technology. In recent times, the admissibility of illegally obtained evidence (‘IOE’) has proven itself an imperative notion in international arbitration. This surge in data protection...
Oriental Judgment: How Objective is “Just and Equitable” Interest Rate Modification?
[Anujay Shrivastava is a law graduate (class of 2020) from Jindal Global Law School, O.P. Jindal Global University, Sonipat. He is grateful to Professor Manasi Kumar for providing her valuable comments on an earlier post, which were inspiration for the present post] Previously, I had examined the Supreme Court’s Division-bench decision in Oriental Structural Engineers Pvt. Ltd. v. State of Kerala...
Arbitrator’s Award of Interest not ‘Patently Illegal’ Unless Contract Precludes
[Anujay Shrivastava is a law graduate (class of 2020) from Jindal Global Law School, O.P. Jindal Global University, Sonipat] It is a well-settled principle that ‘patent illegality’ is a valid ground for a court to set aside an arbitral award under section 34 of the Arbitration and Conciliation Act, 1996. Previously, I had jointly examined the position of law on ‘patent illegality’ as a ground to...
Indian Parties without an Indian Court: The Verdict in PASL Wind Solutions
[Abhi Udai Singh Gautam and Mustafa Rajkotwala are third-year law students at NALSAR University of Law, Hyderabad] The Supreme Court (‘SC’) has recently settled a fundamental question of arbitration law in PASL Wind Solutions Private Ltd v GE Power Conversion India Private Limited (‘PASL v. GE’), by determining that two Indian Parties are, in fact, capable of validly entering into a foreign...
BR Foundation’s Online Certificate Course on International Dispute Settlement [May 28-May 31]
[Announcement on behalf of the BR Foundation] BR Foundation is conducting an online certificate course on the International Dispute Settlement from May 28 to May 31, 2021. About the Course This course is an annual 4-day course on “International Dispute Settlement” especially focusing on the developments and growing relevance of international dispute settlement mechanism all around the...
Court’s Refusal to Appoint Arbitrators: An ‘Appeal’ to Create Appeal Mechanisms
[Abhijeet Shrivastava is a third-year law student and Anujay Shrivastava is a law graduate (class of 2020), both from Jindal Global Law School, Sonipat.] Recently, a three-judge bench of the Indian Supreme Court speaking through Nariman, J. in Pravin Electricals v. Galaxy Infra highlighted a crucial discrepancy of law in the Arbitration and Conciliation Act, 1996 (“Act”). Specifically, the...
Indus Biotech v Kotak: A Step in the Right Direction?
[Ankur Singhal and Vasavi Khatri are 5th year B.A., LL.B. (Hons.) students at National Law School of India University, Bangalore] On 26 March 2021, the Supreme Court, in Indus Biotech Private Limited v. Kotak India Venture Fund ruled that an arbitration petition would not be maintainable after the insolvency resolution petition under section 7 of the Insolvency and Bankruptcy Code is admitted...
Limitation Period for Section 37 Appeals: An Uncertain Affair
[Nitesh Mishra is a 4th year B.A., LL.B. (Hons.) student at National Law University Delhi] The Supreme Court in its recent judgment in Government of Maharashtra v. Borse Brothers Engineers & Contractors Pvt. Ltd. (19 March 2021) has attempted to clarify the law on the applicability and scope of condonation of delays in filing of appeals under section 37 of the Arbitration and Conciliation...
Section 36 of the Arbitration and Conciliation Act, 1996, as Recently Amended
[Raghav Kacker is an Advocate practicing before the High Court of Delhi and various Tribunals and Ruchi Chaudhury is a postgraduate in anthropology, and currently a 2nd year LLB candidate at Jindal Global Law School] The Central Government has notified the Arbitration and Conciliation (Amendment) Act, 2021 (the ‘Amendment’), which was already in force as law by way of an Ordinance issued by...
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