New Indian Model BIT on the Anvil
India lost its first Investment Treaty Arbitration (ITA) claim in 2012 against White Industries, an Australian company. Taking cue from the White Industries case, (read more on it here) around 17 fresh...
View ArticleIndian Supreme Court Declines to Intervene in International Arbitration with...
In the recent case of Pricol v. Johnson Controls (Pricol Limited v. Johnson Controls Enterprises Ltd and Ors, Arbitration Case (Civil) No.30 of 2014), the Supreme Court of India declined to intervene...
View ArticleIndian Courts’ First Brush with Investment Treaty Arbitration: Taking Some...
On 29 September 2014, the Calcutta High Court in Board of Trustees of the Port of Kolkata v. Louis Dreyfus Armaturs SAS & Ors delivered the first decision by an Indian Court on a case directly...
View ArticleFrom Ford to Ferrari? A Brief Look at the Changes Introduced in the Draft...
Introduction The Government of India recently released the Draft Indian Model BIT (“Draft BIT”) for public consultation. India has an extensive BIT network with over 72 BITs in force. In 2012,...
View ArticleIndian Arbitration Cart: Moving Forward or Backward?
Prior to 2012, India faced widespread criticism from the international arbitral community over a series of judgments concerning arbitration. Much has changed since 2012 – in the post-Bharat Aluminium...
View ArticleKishenganga Arbitration and Viability of International Arbitration in...
International arbitration has been widely recognized as an efficient process for resolving State-to-State disputes. Factors such as procedural flexibility and party autonomy, which contribute to...
View ArticleArbitration Reform In India: A Look At The Hong Kong Model
The Indian Government (‘Government’) plans to revamp the country’s arbitration landscape and is considering amendments to its arbitration legislation. If the Government is keen on transforming India...
View ArticleSupervisory and Territorial Jurisdiction in Domestic Arbitrations in India
and Vyapak Desai, Nishith Desai Associates The Delhi High Court, in the case of PCP International Limited (“Petitioner”) v. Lanco Infratech Limited (“Respondent”), OMP (I) No. 350/2015, recently had...
View ArticleBitten by the BITs, India looks to constrict its Model BIT
The engines of economic growth in India are moving towards full throttle. In this resurrection of India as an economic giant, foreign investors are keenly looking at safeguards the Government of India...
View ArticleArbitration in India: A New Beginning
The recently promulgated Arbitration and Conciliation (Amendment) Ordinance 2015 (the “Ordinance”) marks a significant change in the arbitration landscape of India. Most significantly, the Ordinance (a...
View ArticleHow the Reliance saga brought clarity to the applicability of Bhatia...
Any discussion on the Indian Arbitration and Conciliation Act, 1996 (the “Act“) is incomplete without a reference to the scope of judicial interference introduced by the Supreme Court of India (the...
View ArticleAre Commercial Courts the answer to India’s arbitration woes?
Sulabh Rewari and Poorvi SatijaThe Indian Government recently promulgated two ordinances (i.e., the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance...
View ArticleUnveiled: Indian Model BIT
Ashutosh RayWhite Industries woke up India to the realities of Investment Treaty Arbitrations (“ITA”) during the end of 2011. Today, India has one of the highest number of ITA claims pending against...
View ArticleCan two Indian parties choose a foreign seat for arbitration?
Kartikey MahajanThe Indian Arbitration and Conciliation Act, 1996 (“Act”) makes it clear that an arbitration between an Indian and a foreign party can be governed by foreign law and can have a foreign...
View ArticleS. 29A of the New Indian Arbitration Act: An attempt at slaying Hydra
Seshadri SanjeeviThe Arbitration and Conciliation (Amendment) Act, 2015 was passed by the Lok Sabha and Rajya Sabha on 17 December 2015 and on 23 December 2015 respectively and received the President’s...
View ArticlePersisting Problems: Amendments to the Indian Arbitration and Conciliation Act
Prakash Pillai and Mark Shan Clyde & Co.Prior to the amendment of the Indian Arbitration and Conciliation Act 1996 (“the Act”), India’s journey towards becoming an international commercial hub that...
View ArticleAppointment of Arbitrators for Electricity Disputes in India
Pallav ShuklaTrilegalAccording to the 2015 report of the BP Statistical Review of World Energy, India accounts for 5.1% of the world electricity generation and is the third largest generator of...
View ArticleA False Start – Uncertainty in the Determination of Arbitrability in India
Arthad Kurlekar YIAGProfessor Pieter Sanders in 1999 famously asked “Quo Vadis Arbitration”? (Where do you go Arbitration?). In the Indian context this question is particularly relevant in light of the...
View ArticleArbitration and Mediation: Shifting Paradigms in India
Sanjna PramodIncreasingly overburdened Courts have constrained access to judicial remedies for civil disputes in India. To enable expeditious settlement of commercial disputes, the Government of India...
View ArticleMCIA, India’s best foot forward
Girish DeepakThe National University of Advanced Legal Studies The beckoning call for an Institutional Arbitration Centre for the Country with one of the highest number of commercial disputes has...
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