Call for Papers | Amity Law Review (ALR), Vol.20, 2024 [August 30, 2024]
Amity Law School invites papers for Amity Law Review (ALR), Vol.20, 2024.
Arbitration
[LIDW 2024] HKA and 39 Essex Chambers host Panel discussion on ‘India: Changing face of Dispute Resolution in the new economic powerhouse’
The Panel Discussion was hosted at the International Dispute Resolution Centre on 06-06-2024, as a part of the London International Disputes Week (LIDW) 2024.
Courts must decide which contract will prevail when parties execute two contracts providing different dispute resolution mechanisms: SCOTUS
The instant dispute involved a conflict between two contracts executed by petitioner Coinbase, Inc., operator of a cryptocurrency exchange platform, and the respondents, who used Coinbase.
‘Uniting for Global Challenge and Opportunity’- London International Disputes Week, 2024 Kicks Off
This year’s LIDW has attracted over 7,000 registrations for events during the week, with 100 different jurisdictions represented, double the number recorded the previous year.
Pre-Award, Pendente Lite, and Post-Award Interest in Arbitration: Decoding the Supreme Court’s Perspective
by Vasanth Rajasekaran† and Harshvardhan Korada††
‘Seat of arbitration is the place where arbitral proceedings are anchored’; Delhi High Court rejects petition filed u/s 34 of Arbitration Act
The Delhi High Court says that the seat of the arbitration is to be determined based on arbitral proceedings and not with cause of action for underlying disputes.
Awards cannot be set aside on ground of erroneous application of law or by reappreciation of evidence until it suffers from patent illegality: Allahabad High Court
“The Statehas miserably failed to show any patent illegality warranting interference in appellate jurisdiction. Mere allegation would not suffice until and unless it stands substantiated from the pleading and the records.”
Deciphering the Supreme Court’s Verdict on DMRC v. DAMEPL — The “Cure” to Longstanding Legal Battle
by Vasanth Rajasekaran† and Harshvardhan Korada††
Delhi High Court dismisses S. 11 Arbitration petition due to Debit Notes issued after MSMED registration in arbitration proceedings
MSMED Act is a beneficial legislation for Micro Small & Medium Enterprises and provides that a buyer can also raise counter claims before the statutory arbitrator under the MSMED Act. Moreover, the scope of the Act as stated therein is to the extent that even if there is an agreement for arbitration between the parties, the MSMED Act will have overriding effect.
Intention of parties can be construed from the correspondence exchanged between them: Delhi HC appoints Justice A.K. Sikri (Retd.) as a Sole Arbitrator
The Court opined that all nine contracts are related to same project and if it is accepted that there is an Arbitration Clause only in five contracts, then parties will have to be relegated to civil proceedings, which will lead to multiplicity of disputes, delay in adjudication and possibility of conflicting rulings.
Appointment of an Arbitrator from a narrow panel is violative of S. 12(5) of Arbitration Act: Bombay High Court
The vesting of the power for the confirmation of the nomination of arbitrators in the General Manager of the employer, runs contrary to the principle of impartiality and independence of the arbitration process.
Calcutta High Court dismisses application due to non-existence of arbitration clause in subcontractor’s work order
‘A reference to the document in the contract should be such that shows the intention to incorporate the arbitration clause contained in the document into the contract’
Delhi High Court refers dispute to Arbitration after finding service by email and WhatsApp sufficient
“The notice invoking arbitration sent to the same address was reported to have been delivered, but in the Speed Post report, by which the petition was sent to the address, it is stated that no such person is available at the address.”
Singapore HC upholds Final Award in arbitral proceedings over sale and purchase of lab-grown gemstone jewellery company shares
The Court noted that, “To attract curial intervention, it must be established that the breach of the rules of natural justice must, at the very least, have actually altered the final outcome of the arbitral proceedings in some meaningful way”.
An Edge of the Institution Over Ad hoc Arbitration
by Justice Hemant Gupta (Retd.)*
Cite as: 2024 SCC OnLine Blog Exp 28
Enforcement of foreign awards may be refused for bias only in exceptional circumstances: Supreme Court
Supreme Court upheld the High Court’s decision and emphasised the need for early enforcement of the foreign award by the competent forum.
Interim Reliefs in Arbitration: Emerging Judicial Trends in India
by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2024 SCC OnLine Blog Exp 24
Reference to a document in contract should show intention to incorporate arbitration clause: Supreme Court reiterates
Supreme Court concluded that the instant matter was not one of ‘incorporation’ but a case of ‘reference’ and clarified that a general reference would not have the effect of incorporating arbitration clause.
Issue of non-signatory guarantor to be impleaded as party to arbitration is for arbitral tribunal to decide: Delhi High Court
“Prima facie, Respondents 3-5 are a veritable party to the loan agreement as they are connected with the loan documents and form part of the loan transaction.”
Live | Second Edition of Delhi Arbitration Weekend 2024 (06 -10 March, 2024)
DAW 2024 comprises of focused sessions, curated to serve the need for discussion on the most pertinent themes in arbitration today, such as biases in arbitration, joinder of non-signatories in arbitration, Investor State Dispute Settlement mechanisms in light of today’s economic challenges, interplay of technology and arbitration, amongst others.