Introduction:
On 13 December 2023, a distinguished 7-judge-bench of the Supreme Court overruled the precedent set by M/s. N.N. Global Mercantile Pvt. Ltd. v. M/s. Indo Unique Flame Ltd. And Ors, affirming the enforceability of arbitration clauses in agreements lacking proper stamping. Notably, such agreements, though enforceable, are precluded from being admissible as evidence until the defect is cured in accordance with the Indian Stamp Act, 1899. This landmark verdict has spurred extensive discourse in context of the efforts undertaken by the Apex Court in navigating and balancing between the provisions of the Arbitration and Conciliation Act, 1996, and the Indian Stamp Act. To explore the various dimensions of this momentous ruling, a panel discussion is being convened jointly by Law School Policy Review (LSPR), Vidhi Centre for Legal Policy and NSLIU Kautilya Society.
Composition of the Panel:
1. Nakul Dewan (Senior Advocate, Supreme Court of India, and Barrister, Twenty Essex) [Panelist 1]
Nakul Dewan is a Senior Advocate in the Supreme Court of India and a Barrister at Twenty Essex. He practices in the jurisdiction of India, Singapore and the UK. He graduated from the Sri Ram College of Commerce, University of Delhi, with a B.Com (Hons) degree. Additionally, he holds an LLM degree from the New York University and National University of Singapore. He has also appeared as counsel in setting aside enforcement proceedings in context of international arbitration awards in all three jurisdictions. He specialises in disputes pertaining to banking and finance, construction and engineering, corporate law, international commercial law, mining, energy, and natural resources.
2. Darius J. Khambata (Senior Advocate, Supreme Court of India, and Barrister, One Essex Cour) [Panelist 2]
Darius J. Khambata is a Senior Advocate in the Supreme Court of India and a Barrister at the One Essex Court. He holds an LL.M. from the Harvard Law School and practices before the Supreme Court of India, the Bombay High Court and a number of other High Courts and Tribunals. In 2019, he was conferred with the award “Living Legend of Law” by the Bar Association of India. He has been the Vice-President of the London Court of International Arbitration and is currently a member of the Singapore International Arbitration Centre’s Court. He specializes in matters pertaining to constitutional law, commercial law, securities and administrative law, and in domestic and international commercial arbitrations.
3. Dr. Harisankar K. Sathyapalan (Associate Professor of Law, NLSIU Bangalore) [Moderator]
Dr. Harisankar K. Sathyapalan is presently an Associate Professor of Law, NLSIU Bangalore. He has attended the Hague Academy of International Law on a full scholarship. He has been a visiting scholar at UNIDROIT, Rome. His research interests include international economic law and maritime law with a focus on international arbitration, and he has published in reputed journals in the field.
All the lead panellists were part of the case and have valuable insights to offer. The panel will also be taking questions from the audience and this would be a good opportunity to interact with the lawyers who were involved in the case. Currently, the event is scheduled for 7:30 P.M. on Wednesday (10 January 2024). The registration link for the same is as follows: https://us02web.zoom.us/webinar/register/WN__NgQwMMQRx-YMWghBREhiw
We have attached a poster for the panel discussion. Please find the same.
