Mayuri Tiwari Agarwala joins Khaitan & Co’s Arbitration Practice
Mayuri Tiwari Agarwala graduated from GNLU in 2010 and completed her masters from Columbia Law School, New York in 2015. Her practice
Arbitration
Recent Arbitration Judgments Involving Construction Disputes
by Shalaka Patil† and Rahul Mantri††
Cite as: 2021 SCC OnLine Blog Exp 65
Ker HC | Syllogistic scope of Ss. 11(5) and 11(6) of the Arbitration Act, 1996; HC unclouds the line
Kerala High Court: Devan Ramachandran, J., held that parties to arbitration cannot nominate the arbitrator even if the Arbitration Agreement provides so.
J&K and Ladakh HC | “Specific mention of particular Court at particular place excludes jurisdiction of other courts”, says HC while addressing syllogistic issue of ‘venue’ and ‘seat’ of arbitration
Jammu & Kashmir and Ladakh High Court: Tashi Rabstan, J., while addressing the syllogistic issue of ‘venue and ‘seat’ of arbitration dismissed
Foreign arbitral award enforceable against non-signatories to agreement; ‘perversity’ no longer a ground to challenge foreign award; tort claims arising in connection with agreement are arbitrable: SC expounds law on foreign awards
Supreme Court: A Division Bench comprising of R.F. Nariman and B.R. Gavai, JJ. held that a foreign arbitral award is enforceable against
Del HC | Can a party unilaterally appoint an Arbitrator of their choice? Read on
Delhi High Court: Suresh Kumar Kait, J., reiterated that no party could be permitted to unilaterally appoint an Arbitrator, as the same
Writ Jurisdiction and Arbitration — A Balancing Act
by Ajit Warrier†, Arundhati Srivastava†† and Sajal Mendiratta†††
Cite as: 2021 SCC OnLine Blog Exp 63
SC | Is there a scope for interference in case of encashment of bank guarantee? Read on
Supreme Court: The Division Bench of Sanjay Kishan Kaul and Hemant Gupta, JJ., while addressing the present matter, remarked that: Fate of
Recognition and Enforcement of Foreign Arbitral Award in India: In Search of a Formidable Shore
by Kumar Sumit* and Avani Tiwari**
Explained: Does Limitation Act, 1963 apply to arbitration proceedings under Section 18(3) of Micro, Small and Medium Enterprises Development Act, 2006
Supreme Court: The bench of Ashok Bhushan and R. Subhash Reddy*, JJ has held that the Limitation Act, 1963 is applicable to
Explained: Maintainability of counter claims in arbitration proceedings under Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006
Supreme Court: The bench of Ashok Bhushan and R. Subhash Reddy*, JJ has held that the Micro, Small and Medium Enterprises Development
Del HC | Ambiguity in contractually stipulated obligations favours whom? Court discusses while refusing interference in arbitral award
Delhi High Court: Sanjeev Narula, J., refused to interfere in the interim arbitral award whereby the sole arbitrator had allowed certain claims of
Del HC adverts to scope of judicial review of an arbitral award; Wades through bunch of pleas including violation of Part 1, CPC and insurance against breakage during transit, etc.
Delhi High Court: V. Kameswar Rao, J., refused to interfere with the award passed by the Arbitrator and dismissed a petition filed under
International Arbitration vis-à-vis Climate Change: Initiatives by Arbitration Sector to Curb Global Warming
By Nikhil Parakh* and Sejal Makkad**
Can a non-signatory or confirming party be made party to the arbitration? The position of non-signatory in an arbitration agreement
by Arush Agarwal† and Bhavya Gupta††
Del HC | Does non-payment of stamp duty on a commercial contract invalidates arbitration agreement? Explained
Delhi High Court: Sanjeev Narula, J., decides a matter covering various aspects of the arbitration agreement. Instant petition under Section 11 of