TagArbitration

[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...

[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...

[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...

[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...

[Rohan Tigadi runs an independent dispute resolution & litigation practice in Bangalore, Karnataka. He is an alumnus of National Law University Jodhpur] Section 9 of the Arbitration and Conciliation Act, 1996 (“Act”) permits a party to arbitral proceedings to seek interim measures from court ‘even after making of the arbitral award but before it is enforced in accordance with Section 36 of...