1st National Essay Writing Competition on Air and Space Law 2023-24
The Air and Space Law Committee, School of Law, CHRIST (Deemed to be University), Bengaluru, is organising the 1st National Essay Writing
Public Policy
Decoding Allahabad High Court verdict on applicability of doctrine of severability on arbitral awards
“Section 34 confers power on the court to set aside an award, the power could be exercised to set aside any or all such awards, whether composite, interim, final or additional”
Madras High Court dismisses lawyers’ pleas praying to participate as eligible candidates in direct recruitment to the post of Civil Judge
“If the plea of the petitioners is accepted, it would amount to opening a Pandora box and several other similarly candidates would start knocking at the doors of this Court with the similar demand and in that case, recruitment will turn out to be a never-ending process as the examination is scheduled on 19-08-2023.”
Delhi High Court upholds arbitral award for not falling within the mischief of Section 48(2)(b)(ii) of Arbitration Act
A challenge to an Award on the grounds of violation of “public policy” or “fundamental policy of Indian law” would be liable to be countenanced provided it is established that its enforcement would run contrary to well-established legal tenets which brook of no exception.
Award passed after an inordinate and unexplained delay will be contrary to justice and will defeat justice: Delhi High Court
India has long hoped to become an arbitration hub and providing time bound mechanisms for resolving disputes will certainly be a feather in the cap. Introducing Section 29A by way of amendment is therefore intentioned to ensure that the disputes in arbitration are adjudicated in a time-bound manner.
[Gas Migration Dispute] Reliance had limited role to ‘explore’ and ‘extract’ natural gas as a licensee only; Delhi High Court upholds arbitral award in favour of Reliance Industries
Delhi High Court observed that in the present case, the natural resource viz. natural gas was neither ‘bought’ nor ‘sold’ as between Reliance and the Ministry; thus, the public trust doctrine was not contravened.
Irretrievable Breakdown of Marriage: Decoding Supreme Court judgment on grant of divorce under Article 142 of Constitution; waiver of 6 month’s cooling off period
Given the expansive amplitude of power under Article 142(1) of the Constitution, the exercise of power must be legitimate, and clamours for caution, mindful of the danger that arises from adopting an individualistic approach as to the exercise of the Constitutional power, observed the Supreme Court
Supreme Court can dissolve marriages on “irretrievable breakdown” by invoking powers under Article 142; holds Constitution Bench
The Supreme Court also held that the mandatory waiting period of 6 months for divorce by mutual consent can be dispensed subject to requirements and conditions laid down in previous Supreme Court judgments.
[Antrix-Devas Deal] Delhi High Court upholds decision of setting aside ICC Award of $562.5 million on the ground of fraud
The Delhi High Court upheld Single judge’s decision to set aside ICC Award of $562.5 million in favour of Devas Multimedia (P) Ltd. for a failed satellite agreement with Antrix Corporation Ltd., on the grounds of fraud and being in conflict with the public policy of India.
Can States have Additional Restrictions on Online Gaming?
by Vinayak Kulkarni† and Ashok Bannidinni††
Delhi High Court finds no ground for interference as reappreciation of evidence is beyond the scope of Section 37 Arbitration Act
The scope of a challenge under Section 34 Arbitration and Conciliation Act, 1996 and Section 37 of the Arbitration Act, 1996 is limited to the grounds stipulated in Section 34 Arbitration Act.
5th Bennett University National Moot Court Competition (BNMCC)
ABOUT BENNETT UNIVERSITY Bennett University has been established by the ‘Times Group’, India’s largest media conglomerate through Act No. 24
Call for Submissions | 2nd Edition of GNLU International Conference on Business, Law and Public Policy (GICBLP)
Gujarat National Law University is organizing the 2nd Edition of GNLU International Conference on Business, Law and Public Policy (GICBLP)
Right to Information vis-a-vis Right to Privacy; SC invokes doctrine of ex debito justitiae to hear HDFC’s plea challenging RBI directions mandating disclosure of confidential & sensitive information
“If a man has been wronged, so long as the wrong lies within the human machinery of administration of justice, that wrong must be remedied.”
Madras High Court | Courts will not interfere or set aside an arbitral award, merely because an alternative view is possible; Adopt a hands-off approach
Madras High Court: In an intra-Court appeal filed against the order of the single judge, whereby, the judge allowed the
Delhi High Court set aside arbitral award as it suffers from patent illegalities, and fraud and conflicts with the Public Policy of India
Delhi High Court: In a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (‘the Act’) for
Decoding the Public Policy of India and Patent Illegality on the Face of an Award
by Hiroo Advani†, Kanika Arora†† and Srishti Ramchandani, Vidyotma Malik†††
Cite as: 2022 SCC OnLine Blog Exp 26
Recognition and Enforcement of Foreign Arbitral Award in India: In Search of a Formidable Shore
by Kumar Sumit* and Avani Tiwari**
