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The Anomalous Case of Sections 8 and 11 of India’s Arbitration and...
In a March 2021 decision, Pravin Electricals Pvt. Ltd. v. Galaxy Infra and Engineering Pvt. Ltd. (“Pravin Electricals”), a three-judge bench of the Supreme Court (the “Court”) shed light on an...
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On the Far End of the Trail of Tears was a Promise: Africa and Traditional...
Many will recall the historic ruling of Justice Neil Gorsuch in McGirt v. Oklahoma (2020), where the United States Supreme Court upheld an 1866 treaty between the United States and the Muscogee (Creek)...
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Is The Remedy Under Section 9 of India’s Arbitration and Conciliation Act,...
Similar to Article 9 of the UNCITRAL Model Law (the “Model Law”), Section 9 of India’s Arbitration and Conciliation Act, 1996 (“the Act”) entitles the parties to arbitration proceedings to obtain...
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Emergency Award or Approaching Court for Interim Relief? – Has the Amazon...
In August 2021, the Indian Supreme Court (‘Court’) in Amazon v. Future found an emergency award rendered in an arbitration seated in India (New Delhi) to be enforceable as if it were an interim order...
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In Word and Deed? The Indian Supreme Court’s Approach to Scrutiny of Awards
It is no secret that Indian courts have previously faced criticism over their excessive interference in arbitral awards. However, there has been a course-correction in recent years, through legislation...
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Think Arbi: Has Technology Worsened the Conduct of Arbitrations?
In the 1970s, when my father left India to study abroad, trunk calls home were rare and expensive, requiring shouting into the phone. In 2020, we have all exasperatedly repeated “You’re on mute” and...
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2021 in Review: India Continues to Make Significant Strides
While the second wave of Covid-19 hit India harder in 2021 than in 2020, this did not hamper progression in the legal sphere. 2021 saw several notable arbitration-related developments including another...
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Indian High Courts’ Supervisory Jurisdiction over Arbitral Tribunals’ Orders:...
India is witnessing a protracted corporate battle — fought before multiple courts and an India-seated SIAC arbitral tribunal — for control over one of its largest retail chains. This heavily publicised...
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In Recap: ICC Asia-Pacific Conference on International Arbitration 2022 (Part I)
At the recent hybrid 7th ICC Asia-Pacific Conference on International Arbitration (the “Conference”), a palpable sense of happiness and community resonated throughout the day. Mr Justin D’Agostino...
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You, Me and Dupree: Indian Supreme Court Rethinks the Tenability of Using the...
The group of companies doctrine in arbitration has always been contentious in India. The doctrine was first recognised by the Indian Supreme Court in Chloro Controls India Private Limited v. Severn...
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Beyond the Old Rule: Should Cavendish Come to India?
Arbitral tribunals are often faced with questions concerning the interpretation and enforcement of liquidated damages clauses; in such cases, the law governing the contract can significantly affect...
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Applicable Tests For Arbitrator Bias: Recent Practice In Select Common Law...
Over the last few years, arbitrator independence and impartiality have been under heightened scrutiny by courts and tribunals. This is not unexpected. The importance of the rule against bias is best...
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Party Autonomy Reigns Supreme: The Indian Supreme Court Rules that Two Indian...
In a landmark ruling in PASL Wind Solutions Private Limited v. GE Power Conversion,1)Special Leave Petition (Civil) 3936 of 2021 (arising out of GHC judgment dated November 11, 2020), Supreme Court of...
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India’s Arbitration And Conciliation (Amendment) Act, 2021: A Wolf In Sheep’s...
The Arbitration and Conciliation (Amendment Act), 2021 (“2021 Amendment”) is the most recent intervention in, what appears to be, the Indian Parliament’s endless attempts to tinker with the scheme and...
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Two’s Company, Three’s A Crowd: Revisiting the Group of Companies Doctrine
The use of the group of companies doctrine in India to join non-signatories to an arbitration is an interesting but underexplored topic. First, since its adoption in 2012, Indian courts have either:...
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The Cairn Energy v. India Saga: A Case of Retrospective Tax and Sovereign...
In the last decade, fifteen cases have been filed by foreign investors against India under various bilateral investment treaties (BITs). Of these, three major cases were spurred by the ill-reputed...
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Can You Have Your Cake and Eat It Too? Unilateral Appointments in Indian...
This blog has previously discussed the illegality of unilateral appointments of sole arbitrators in India. However, a good beginning is only half the battle won. Before one dwells further, it is...
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No Immunity for You: Delhi Court Allows Enforcement of Award Against...
There has been much debate about immunity this last year. While, most were discussing concepts of “herd immunity” against the novel coronavirus, the Delhi High Court (Court) ventured into and addressed...
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The Antrix-Devas Dispute: Headed for a Third BIT Arbitration?
In May 2021, India’s National Company Law Tribunal (‘NCLT’) ordered the liquidation of Devas Multimedia (‘Devas’), on grounds of it having been incorporated for fraudulent purposes. This is the latest...
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Court Discretion in Indian Setting-aside Proceedings: Modification v. Doing...
Proceedings for setting-aside arbitral awards in India have been the subject of controversy since time immemorial. Recent trends indicate that the tendency of courts to set-aside awards has been on the...
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