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Arbitration

Case BriefsSupreme Court

Why are Landlord-tenant disputes under TP Act arbitrable but those under Rent Acts non-arbitrable? [‘Vidya Drolia’ explainer by Supreme Court]

Supreme Court: Three days after the Court overruled the ratio in Himangni Enterprises v. Kamaljeet Singh Ahluwalia, (2017) 10 SCC 706 wherein it was held

Published on December 20, 2020January 3, 2021By Prachi Bhardwaj
Leave a comment6904 views
Case BriefsSupreme Court

‘Landlord-tenant disputes under Transfer of Property Act are arbitrable’. SC lays down test for determining non-arbitrability of disputes

Supreme Court: The 3-judge bench of NV Ramana*, Sanjiv Khanna** and Krishna Murari, JJ has overruled the ratio in Himangni Enterprises v.

Published on December 14, 2020December 17, 2020By Prachi Bhardwaj
Leave a comment8575 views
Case BriefsSupreme Court

Supreme Court confirms pre-BALCO foreign awards cannot be challenged under Section 34 of Arbitration and Conciliation Act

Supreme Court: The question before the division bench of Ravindra Bhat and Indira Banerjee, JJ. was whether a foreign award rendered in

Published on December 9, 2020December 11, 2020By Editor_4
Leave a comment5784 views
Op EdsOP. ED.

Section 11 after 2019 Amendment Act – An Opportunity to Strengthen Institutional Arbitration in India  

by Aniket Pandey*

Published on December 5, 2020December 5, 2020By Bhumika Indulia
Leave a comment14799 views
Case BriefsHigh Courts

HP HC | Claim barred by limitation is a question of law and facts which Arbitral Tribunal or Arbitrator has to consider on the basis of record; petition allowed

Himachal Pradesh High Court: L. Narayana Swamy CJ., while exercising its powers under Section 11(6) of the Arbitration and Conciliation Act, 1996,

Published on December 2, 2020December 4, 2020By Editor_4
Leave a comment2789 views
Op EdsOP. ED.

Demystifying the Arbitrability of Fraud 

by Amit Jajoo*,  Anamika Singh** & Bhargav Kosuru***

Published on November 28, 2020November 28, 2020By Bhumika Indulia
Leave a comment10625 views
Op EdsOP. ED.

Implied Exclusion of Jurisdiction in Arbitration

by Abhishek Sharma*

Published on November 21, 2020By Bhumika Indulia
Leave a comment12107 views
Op EdsOP. ED.

Stamping of Agreements vis-à-vis Section 9 of the Arbitration & Conciliation Act, 1996

by Yakshay M. Chheda* & Ishan  J. Ravindranath**

Published on November 7, 2020November 7, 2020By Bhumika Indulia
Leave a comment9482 views
Legislation UpdatesStatutes/Bills/Ordinances

Arbitration and Conciliation (Amendment) Ordinance, 2020: Stakeholder get opportunity to seek unconditional stay of enforcement of arbitral awards induced by fraud or corruption

President promulgates Arbitration and Conciliation (Amendment) Ordinance, 2020 Amendment of Section 36 In Section 36 of the Arbitration and Conciliation Act, 1996

Published on November 5, 2020November 5, 2020By Bhumika Indulia
Leave a comment3077 views
Case BriefsHigh Courts

Ker HC | Any condition that requires petitioner to make a pre-deposit of any amount for invoking the arbitration would fall foul of the law declared by SC; Petition allowed

Kerala High Court: A.K. Jayasankaran J., allowed the present petition, clarifying the scope and ambit of powers to be exercised by Courts

Published on November 2, 2020November 6, 2020By Editor_4
Leave a comment3560 views
Case BriefsHigh Courts

Kar HC | Whether an insufficiently stamped sale agreement, containing arbitration clause for appointment of sole arbitrator enforceable under S.11(6) of Arbitration and Conciliation Act, 1996; HC reiterates settled legal position on said premise

Karnataka High Court: S.R. Krishna Kumar, J., allowing the present petition for the appointment of a sole arbitrator under Section 11(6) of

Published on October 17, 2020October 23, 2020By Editor_4
Leave a comment3540 views
Op EdsOP. ED.

Tectonic Shift in Legislative Policy and the Doctrine of Separability – A Fresh Start

by Anurag Tripathi*

Published on October 12, 2020October 13, 2020By Bhumika Indulia
Leave a comment6485 views
Op EdsOP. ED.

Levy of Liquidated Damages by one party to a contract: When arbitrable? Comments in light of SC Judgment of Mitra Guha v. ONGC

by Prashant Pakhiddey* & Lakshmi Dwivedi**

Published on October 10, 2020October 10, 2020By Bhumika Indulia
4 Comments22007 views
Case BriefsSupreme Court

SC gives a go ahead to enforcement of Malaysian arbitral award in Government versus Vedanta; says it doesn’t contravene public policy of India

Supreme Court:  The 3-judge bench of SA Nazeer, Indu Malhotra and Aniruddha Bose, JJ has dismissed Central Government’s plea against enforcement of

Published on September 16, 2020September 25, 2020By Prachi Bhardwaj
1 Comment4912 views
Case BriefsHigh Courts

Kar HC | Party to contract displaying repeated non-exercise of right to appoint arbitrator shows waiver of the same by conduct

Karnataka High Court: John Michael Cunha, J. disposed of the petition by appointing a sole arbitrator to adjudicate the said matter in

Published on August 31, 2020August 31, 2020By Editor_4
Leave a comment2150 views
Case BriefsSupreme Court

How to determine if an allegation of fraud falls under “Fraud Exception”to Arbitrability? SC elaborates

Supreme Court: The bench of RF Nariman and Navin Sinha, JJ has held that “serious allegations of fraud” as a ground for

Published on August 21, 2020August 21, 2020By Prachi Bhardwaj
Leave a comment5703 views
Op EdsOP. ED.

Saving Arbitration from Arbitration Costs: The Case of Arbitrators’ Fees

by Anhad S. Miglani & Shaurya Punj*

Published on August 10, 2020August 10, 2020By Bhumika Indulia
Leave a comment12843 views
Case BriefsInternational Courts

Enrica Lexie Incident| Italy must compensate India for loss of life and material damage; however India is precluded from exercising its criminal jurisdiction over Italian marines involved in the incident

Permanent Court of Arbitration: In an unanimous decision by the Arbitral Tribunal concerning the “Enrica Lexie Incident”, it was held that Italy

Published on July 6, 2020July 6, 2020By Bhumika Indulia
Leave a comment3055 views
Op EdsOP. ED.

Bilateral Investment Treaty and Investment Arbitration: A Critique from India Perspective 

by Rajendra Beniwal & Kumar Sumit*

Published on June 26, 2020July 14, 2020By Bhumika Indulia
Leave a comment11555 views
Op EdsOP. ED.

Permanent Lok Adalat: An Indian Model of Institutional ADR based on the Principle of “Gram Swaraj”

by Prakhar Agarwal*

Published on June 12, 2020August 10, 2020By Bhumika Indulia
Leave a comment10285 views

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