Arbitration
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,
Demystifying the Arbitrability of Fraud
by Amit Jajoo*, Anamika Singh** & Bhargav Kosuru***
Implied Exclusion of Jurisdiction in Arbitration
by Abhishek Sharma*
Stamping of Agreements vis-à-vis Section 9 of the Arbitration & Conciliation Act, 1996
by Yakshay M. Chheda* & Ishan J. Ravindranath**
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
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
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
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**
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
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
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
Saving Arbitration from Arbitration Costs: The Case of Arbitrators’ Fees
by Anhad S. Miglani & Shaurya Punj*
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
Bilateral Investment Treaty and Investment Arbitration: A Critique from India Perspective
by Rajendra Beniwal & Kumar Sumit*
Have you been empanelled?
by Pooja Chakrabarti* and Kunal Dey**
Ker HC | Provisions of Land Acquisition Act relating to payment of solatium and interest on solatium shall be applicable to acquisitions made under National Highways Act
Kerala High Court: Devan Ramachandran, J., directed the District Court to reconsider the petition challenging an award. The present appeal has been
Bom HC | A party seeking rectification cannot sleep over its rights; Rs 5 lakhs costs imposed on Adani Enterprise
Bombay High Court: A Division Bench of Pradeep Nandrajog, CJ and Bharati Dangre, J. while allowing the present appeals with regard to