Unilateral Appointment of Arbitrators and the Inherent Lack of Jurisdiction: Assessing the Procedure for Challenging Biased Appointments
by Soham Banerjee* and Salona Mittal**
Arbitration
24 Reports to Read: Ola & Google’s Dominant Position, Service Charge, Medical Negligence, War Injury Pension and more | Tribunals and Commissions Roundup of January 2022
Appellate Tribunal for Electricity (APTEL) State commission disallows benefit of increase in the tariff based on the change in law provision; Tribunal
Supreme Court January 2022 Roundup: Probe in PM Modi’s Security Lapse; NEET UG/PG Reservation; Suspension of BJP MLAs; and more
“Merit is not solely of one‘s own making. The rhetoric surrounding merit obscures the way in which family, schooling, fortune and a
82 High Court Judgments from January 2022: High Courts Monthly Roundup
82 Judgments from the High Courts of the Country, you wouldn’t want to miss. Here’s a short recap from the month of
Normalising Unilateral Option Clauses in India: Avoiding the Rothschild Pitfalls and Balancing Pre-Procedural Rights
by Arijit Sanyal* and Muskaan Gopal**
Does Arbitral Tribunal have exclusive jurisdiction to settle disputes relating to “works contract” in State of Madhya Pradesh under the scheme of M.P Madhyastham Adhikaran Adhiniyam, 1983? MP HC explains
Madhya Pradesh High Court: The Division Bench of Sheel Nagu and Purushaindra Kumar Kaurav, JJ., while holding that M.P Madhyastham Adhikaran Adhiniyam,
Can a non-member invoke provisions of Andhra Pradesh Cooperative Societies Act, 1964? Supreme Court answers
Supreme Court: The 3-Judge Bench comprising of N.V. Ramana, CJ., A.S. Bopanna* and Hima Kohli, JJ., held that non-members of cooperative societies
Explained| Does failure to publish an advertisement lead to the automatic dismissal winding up petition?
Supreme Court: In the case where the bench of Hemant Gupta and V. Ramasubramanian*, JJ upheld NCLAT’s order of winding up of
“Can’t allow Devas and its shareholders to reap the benefits of their fraudulent action”; SC upholds NCLAT’s order to wind up Devas
“If the seeds of the commercial relationship between Antrix and Devas were a product of fraud perpetrated by Devas, every part of the plant that grew out of those seeds, such as the Agreement, the disputes, arbitral awards etc., are all infected with the poison of fraud.”
Corporate Insolvency, Claims against Corporate Debtor and Period of Limitation; SC assesses impact of COVID-19 pandemic
Supreme Court: In a case relating to Corporate Insolvency, the Division Bench comprising of Indira Banerjee* and J.K. Maheshwari, JJ., quashed the
Is Arbitration Tribunal empowered to award compound interest? Supreme Court Answers
Supreme Court: The 3-judge Bench comprising of N.V. Ramana, CJ., A.S. Bopanna and Hima Kohli*, JJ., held that Arbitral Tribunal is empowered
The Subtle Art of Interfering: Amazon-Future Retail “Anti-Arbitration” Injunction Saga
by Shashank Garg* and Aakanksha Kaul**
Amazon v. Future | ‘Stay’ on proceedings before Singapore Tribunal; Prima Facie case in favour of Future Group
Delhi High Court: The Division Bench of D.N. Patel, CJ and Jyoti Singh, J., stayed the arbitration proceeding in Amazon v. Future
Explained| Can An Award Be Remitted To The Arbitrator In Absence Of Findings On The Contentious Issues?
Supreme Court: Explaining the provision of remission under Section 34 (4) of the Arbitration and Conciliation Act, 1996, the bench of R.
Can Section 12(5) of Arbitration Amendment Act, 2015 be invoked retrospectively? Supreme Court answers
Supreme Court: Applying the rule against bias and neutrality of the Arbitrator, the Division Bench of M.R. Shah* and B.V. Nagarathna, jj.,
MP HC | Dismissal of application under S. 34 of Arbitration and Conciliation Act of 1996 on ground of limitation will come within the purview of refusing to set aside an arbitration award
Madhya Pradesh High Court: Vishal Dhagat, J. allowed an arbitration appeal against an impugned order passed by the First ADJ of Balaghat
865 Judgments, 4 Sitting Women Judges and A Hope For First Woman CJI| An All-inclusive Supreme Court 2021 Roundup
Year 2021! The year that started with the hope of the COVID-19 Pandemic nearing an end with countries starting vaccination, ended up
Delhi High Court’s Exhaustive Year-End RoundUp | Amazon v. Future Retail, Rakesh Asthana’s appointment, Feeding of Stray Dogs, 5G Technology, Delhi Riots & more
From major rulings like Amazon v. Future Group to 22 Guidelines on Feeding of Stray Dogs, Delhi High Court delivered some very
