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This report delves into the key insights from the LIDW 2025 panel discussion, exploring the nuanced journey of Indian litigants as they navigate the intricacies of fraud in arbitration—from pre-arbitration disputes to post-award chaos, shedding light on the obstacles that hinder both justice and recovery.
“The members of our profession bear a responsibility as stewards of an ecosystem of international dispute settlement to demonstrate in all that we do, individually and collectively, the power of international dispute settlement as a means of promoting reliability in international interactions and advancing shared values.” – Judge Joan Donoghue
The conference will take place on 05-06-2025 at Church House Westminster, London.
“We find the conduct of HMDA not only to be in blatant disregard of the law but also evincing desperation to avoid the processes of law by pushing back their obligation to make payment to CEL by filing one vexatious proceeding after another.”
“The agreement executed between the parties is not disputed. This fact is not in dispute that the contract of the petitioner has been terminated and the money has been forfeited by the respondents in the month of October, 2019.”
“Zee and Essel undertook to ensure that SNL would fulfil its obligations and assured that the outstanding amount would be paid. To treat the said LOCs as guarantees would amount to adding words which were not written.”
“The doctrine of Kompetenz-Kompetenz is now firmly embedded in the arbitration jurisprudence in India. This doctrine is based on the principle that an arbitral tribunal is competent to rule on its own jurisdiction including on the issue of existence or validity of an arbitration agreement”
Appointed directly from the Bar as a Judge of the Supreme Court of India, Justice P.S. Narasimha’s tenure as an advocate and as a Judge boasts of several landmark cases.
by Milind Sharma*, Abhisaar Bairagi** and Ausaf Ayyub***
“Section 21 does not expressly mandate the claimant to send a notice invoking arbitration to the respondents. However, the provision necessarily mandates such notice, as its receipt by the respondent is required to commence arbitral proceedings”.
The workshop is scheduled from April 18 to 22, 2025. It will provide participants with hands-on experience in arbitration proceedings, focusing on advocacy techniques and award drafting.
A quick legal roundup to cover important stories from all High Courts this week.
While considering the petition, the Court took note of Article 6 of United Nations Commission on International Trade Law Arbitration (UNCITRAL) Rules, 2021 which deal with “Designating and appointing authorities”.
The Capital Foundation National Awards ceremony, held at the Constitution Club, New Delhi, recognized legal luminaries for their exceptional contributions to the legal profession.
by Arpit Kumar Singh*, Aseem Chaturvedi** and Amaan Khan***
This report contains the keynote address by Vice President Jagdeep Dhankhar as Chief Guest at the Colloquium organised by India International Arbitration Centre (IIAC) at Bharat Mandapam in New Delhi.
RIL has extracted the ‘Migrated Gas’, however, the said extraction/ exploration of the ‘Migrated Gas’ without any ‘explicit and express permission’ cannot be said to have been in ‘most efficient manner for betterment of the Union’, which did not belong to it and which did not entitle them to reaping any profits therefrom.
The arbitration would take place under the aegis of the Delhi International Arbitration Centre and would abide by its rules and regulations.
The intention of both the parties where to go for arbitration, is at Ranchi and the proceeding after permission of the High Court was also conducted at Ranchi and in the agreement, the seat is also said to be at Ranchi. Thus, Ranchi court is having jurisdiction.
A quick legal roundup to cover important stories from all High Courts this week.