Arbitration
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
Courts should be slow in rejecting enforcement of foreign awards; SC elucidates principles
Supreme Court: A 3-judge bench of RF Nariman, Aniruddha Bose and V. Ramasubramanian, JJ has held that enforcement of a foreign award
Ministry of Law and Justice issues — Draft New Delhi International Arbitration Centre (NDIAC) Rules
The New Delhi International Arbitration Centre (NDIAC), Act 2019 was enacted with a view to provide for the establishment and incorporation of
Indian Mediation Week 2019 : Delhi Summit
Welcome to the Delhi Summit of the Indian Mediation Week 2019! The event is taking place at the Constitutional Club of India
Himangni Enterprises v. Kamaljeet Singh Ahluwalia: A Critical Review
by Dr Anirban Chakraborty† and Prakhar Agarwal††
Determination of Seat Law by the Indian Courts
by Alok Vajpeyi†
HP HC | Court to grant further extension, when an award cannot be made even within the extended period by the Competent Authority
Himachal Pradesh High Court: The instant petition was related to Section 29-A of Arbitration and Conciliation Act, 1996 entertained by Jyotsna Rewal
SC to decide if Arbitration Clause in the principal contract be imported into subsequent contracts
Supreme Court: The bench of SA Bobde and SA Nazeer, JJ has issued notice to Pometon Spa, an Italian company involved in
Bom HC | Arbitrator to strictly follow the contractual terms while determining rights and liabilities of parties, any deviation not permissible
Bombay High Court: S.C. Gupte, J. while setting aside an arbitral award for patent illegality, observed that “any forum, which adjudicates upon the rights