Clik here to view.
Does the Assignment of a Contract Assign the Arbitration Agreement: The...
Under the Indian Contract Act 1872 (“ICA”), an arbitration agreement is a distinct and separate contract. Like all other contracts, it can be transferred by way of assignment to third parties under...
View ArticleClik here to view.
India’s Territorial Reservation: Approach of Indian Courts in Referring...
The Territorial Reservation under Article 1(III) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (“Convention”) presents an interesting conundrum. Despite...
View ArticleClik here to view.
Three Steps Forward, One Step Back? The Indian Supreme Court’s Annulment of...
2023 saw India take focused steps to strengthen and fortify its stand as a champion of arbitration, promoting a hands-off judicial approach in favor of arbitral autonomy. The year started with the...
View ArticleClik here to view.
Delhi Arbitration Weekend 2024: Setting the Stage for South Asia’s Aspiring...
The Delhi Arbitration Weekend (“DAW”) returned for its second edition from 6 to 10 March 2024. For the first time, the event received the patronage of the Supreme Court of India, with Chief Justice...
View ArticleClik here to view.
Delhi Arbitration Weekend 2024: India and the Evolving Nature of Investor...
The Delhi Arbitration Weekend (“DAW”) 2024 that took place from 6 to 10 March 2024 witnessed two back-to-back panels on Investor-State Dispute Settlement (“ISDS”). These sessions deliberated on the...
View ArticleClik here to view.
Delhi Arbitration Weekend 2024: Spotlight on State Owned Entities and the...
The Delhi Arbitration Week (“DAW”) 2024 that took place from 6 to 10 March 2024 featured two panel discussions that focused on emerging issues such as state owned entities (“SOEs”) and the role of...
View ArticleClik here to view.
The Investment Chapter in the India-European Free Trade Association Free...
It took 16 years of negotiations for India and the European Free Trade Association (“EFTA”)—comprising Switzerland, Norway, Iceland, and Liechtenstein—to clinch a free trade agreement (“FTA”). The...
View ArticleClik here to view.
How Many Bites of the Same Cherry Does it Take to Overturn an Arbitration...
While refusing to interfere with an award under Section 68 of the English Arbitration Act, Justice Teare pithily quipped that “by choosing to resolve disputes by arbitration the parties clothe the...
View ArticleClik here to view.
Feevolution: The Need to Embrace Contingent Fee Arrangements in the Indian...
Most international commercial disputes of moderate-high complexity are expensive. While this may be good for the counsel representing parties, it is less so for the parties. The evolution of...
View ArticleClik here to view.
Arbitrator’s Bias as a Ground for Challenging a Foreign Award: The Indian...
In the last decade, India has emerged as a prominent pro-arbitration jurisdiction owing to several factors including legislative changes to the Arbitration and Conciliation Act, 1996 (“Arbitration...
View ArticleClik here to view.
Clean Slate: The Interface Between Arbitration and Insolvency Processes in India
Arbitration and insolvency embody, to some extent, countervailing legal policies. Courts in many jurisdictions have grappled with the extent to which claims involving an insolvent company should be...
View ArticleClik here to view.
The Best Path Forward in International Arbitration: A Summary of the SIAC...
The Singapore International Arbitration Centre (“SIAC”) hosted its Annual India Conferences in Mumbai and Delhi on 6 and 7 September 2024. These Conferences were themed ‘New Developments and Reforms in...
View ArticleClik here to view.
To Vary or Not To Vary: The Future of Modification of Arbitral Awards in India
In October 2024, the Indian Department of Legal Affairs unveiled the highly anticipated Indian Arbitration and Conciliation (Amendment) Bill, 2024 (“Bill”), inviting comments and feedback on the...
View ArticleClik here to view.
Is the Time Mandated to Pass an Arbitral Award Not Mandatory Anymore?
In the recent Indian Supreme Court (“SC”) case of Rohan Builders v. Berger Paints India, the default rule requiring termination of the arbitral mandate under section 29A(4) of the Arbitration and...
View ArticleClik here to view.
Stay or Pay: Decoding the Deposit Dilemma in Staying Arbitral Awards
Earlier this year, the Bombay High Court in Balmer Lawrie & Co. Ltd. v. Shilpi Engineering Pvt. Ltd. (“Balmer Lawrie Decision”) reviewed an application to stay the enforcement of an arbitral...
View ArticleClik here to view.
The End of the Unilateral Appointment Saga in India: Party Equality v. Party...
The subject of unilateral appointment of arbitrators arising from the Supreme Court of India’s (“Court”) three-judge bench decision in Central Organization for Railway Electrification v. ECI SPIC SMO...
View ArticleClik here to view.
From Bias to Balance: Indian Supreme Court’s Stand on Unilateral Arbitrator...
A five-judge Bench (“Constitution Bench”) of the Supreme Court of India (“SC”) recently delivered a landmark judgment in Central Organisation for Railway Electrification v. ECI-SPIC-SMO-MCML (JV)...
View ArticleClik here to view.
SIAC Rules 2025: Innovative Features and What to Expect for Indian Parties
In an attempt to further fortify its position as a leading arbitral institution, the Singapore International Arbitration Centre (“SIAC”) has introduced the 7th Edition of the Arbitration Rules of the...
View Article