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Rekindling the Debate on Enforcement of Foreign Seated Emergency Awards in India
Recently the Supreme Court of India in Amazon.com NV Investment Holdings Inc. v. Future Retail Ltd, (“Amazon v. Future”) took a progressive step by enforcing an emergency order/award rendered by an...
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2022 Year in Review: Coming of Age of Indian Arbitration
In recent years, arbitration in India has grappled with numerous challenges. Recalcitrant parties knocking on the doors of trigger-happy courts ensured, unfortunately, that arbitration was viewed with...
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Inaugural Delhi Arbitration Weekend 2023: The Weekend of Arbitration Debates
The first-ever Delhi Arbitration Weekend (DAW) was held between February 16-19, 2023 and attracted a sizable number of participants including delegates from 14 countries. The DAW, which was...
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India at the Tipping Point to Welcoming Foreign Law Firms? How Do New Rules...
The Bar Council of India (“BCI”) recently notified (i.e. entered into effect) the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers or Foreign Law Firms in India, 2022...
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LIDW 2023: India: Trends, Opportunities, and Challenges
Indian arbitration landscape continues to evolve and London continues to play an important part in cross-border disputes with a link to India. Anuradha Agnihotri, Devika Khopkar, Arun Mal, and Nicholas...
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Stamp Of Invalidity Or Separate But Equal? The Indian Supreme Court Says: If...
In an India-seated arbitration, if your contract is unstamped or insufficiently stamped, the Supreme Court of India has now confirmed in its authoritative judgement passed on April 25, 2023, in N N...
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Delhi High Court Rules Third Party Funders Vital to Justice but Not Liable...
The Delhi High Court has resoundingly acknowledged the viability of third-party funding (“TPF”) in providing access to justice for claimants in arbitrations. In a welcome judgment, the Court ruled that...
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A Reasoned Dilemma: Unraveling the Knots of Section 31(3) of India’s...
The evolution of the Indian arbitration jurisprudence regarding reasoned awards has been marked by ambiguity and divergent approaches. Initially, the requirement for reasons for arbitral awards was not...
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Global Perspectives on Teaching International Investment Arbitration: The...
I have been teaching international investment arbitration (IIA) in India for the last 15 years with a focus on its substantive principles contained in numerous bilateral investment treaties (BITs) and...
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Stuck in Time and Law: Arbitral Appointments and the Post-CORE Conundrum in...
The question of the validity of unilateral arbitral appointments in the Indian scenario has risen above the surface yet again. The Delhi High Court recently, in Margo Networks Pvt. Ltd. and Another v...
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Limits on Enforcing Awards Against Third-Party Alter Egos in Canada: The...
Enforcing awards against third parties is a perennial issue in international arbitration circles. In Air India Ltd c CC/Devas (Mauritius) Ltd, the Court of Appeal of Quebec considered an award...
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No “Third Bite at the Cherry”: Singaporean and Swiss Courts Reject State’s...
In 2013, Deutsche Telekom AG (“DT”), a German corporation, commenced an UNCITRAL arbitration in Switzerland under the Germany-India BIT claiming that India had (amongst other things) breached the fair...
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Revisiting the Indus Waters Treaty: PCA Reasserts Competence
Muddled in severe stress and conflict since the 1950s, the transboundary Indus basin is home to one of the longest rivers in Asia. Barraging disputes led to the signing of the Indus Waters Treaty of...
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Arbitration Agreements and Insolvency Proceedings: Comparing the...
In the ever-evolving landscape of international commercial disputes, the co-existence of arbitration and insolvency-related proceedings has become a focal point. This comparative piece delves into the...
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Stamp of Approval: The Indian Supreme Court Says Yes to Arbitration
The Indian arbitration bar was waiting for an important judgment of a 7-judge bench of the Indian Supreme Court (“Judgment”), which reviewed its own earlier judgment in NN Global Mercantile Private...
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India ADR Week 2023 Spotlight: Investor-State Disputes
India ADR Week (“IAW“) 2023 was hosted by the Mumbai Centre for International Arbitration (“MCIA“) across three cities – Bengaluru, Delhi and Mumbai. Gathering over 700 attendees from a cross-section...
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Stamping Out The Uncertainty – The Supreme Court’s Way Forward For A Modern...
The Supreme Court of India (“Supreme Court”), in its recent landmark judgment in In Re: Interplay between Arbitration Agreements under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act...
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The Growing Need For Reciprocity Between India and UAE
Indian Prime Minister, Narendra Modi, visited the United Arab Emirates (“UAE”) and Qatar last week as part of a state visit to the Middle East. This visit led to the signing of the India-UAE bilateral...
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Europe Embraces a New Dawn of Arbitration in Asia
On 29 November 2023, speakers from various jurisdictions met at a conference at Heuking in Düsseldorf, organised by the European Chinese Arbitrators Association (ECAA) and the Asian European...
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Indian Supreme Court Endorses the Application of the ‘Group of Companies’...
The Indian Supreme Court in Cox & Kings Ltd. v. Sap India Pvt. Ltd. & Anr has ruled that non-signatories to an arbitration agreement can be considered parties to an arbitration under the ‘Group...
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