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Search results: Arbitration and Conciliation Act
Demystifying limitation period under section 37 appeals
The conundrum regarding the limitation period of filing an appeal under section 37 of the Arbitration and Conciliation Act, 1996, seems to have been demystified with the Supreme Court’s verdict in the matter of...
Indian Law Firm Awards 2021
Vandana Chatlani reports
India has faced a terrible year battling the covid-19 pandemic. Companies and law firm offices shut shop. Homes were turned into work spaces, and lawyers relied on technology to stay connected.
Investments in...
Factors when drafting arbitration clauses in commercial contracts
In the recent case of PASL Wind Solutions Pvt Ltd v GE Power Conversion India Pvt Ltd, the Supreme Court allowed two Indian parties to elect a foreign seat of arbitration and clarified that...
Delay for filing appeals condoned under Commercial Courts Act
The Supreme Court, in a judgment dated 19 March 2021, in Govt of Mahrashtra v M/s Borse Brothers Engineers and Contractors Pvt Ltd, held that the application of section 5 of the Limitation Act...
Court lays down law for selection of forum in arbitration
The Calcutta High Court in arbitration petition no. 199 of 2020 Bowlopedia Restaurants India Limited v Devyani International Limited decided on 21 January 2021 has laid down the law pertaining to the selection of...
Arbitration gets support in validity and fraud challenges
The Supreme Court, in delivering its judgement in NN Global Mercantile Pvt Ltd v Indo Unique Flame Ltd & Ors, has reinforced India’s recent pro-arbitration approach to dispute resolution. The court held that arbitration...
India shifts its focus in maritime arbitration
Shipping is widely recognized as the first truly global industry, no longer limited to coastal countries. With the horizons of India’s vision of world trade widening, the resolution of shipping and maritime disputes will...
Issue of unstamped arbitration agreements still in question
The Supreme Court recently split open another issue that was previously considered settled – the enforceability of an arbitration agreement incorporated in an unstamped contract. The decision of the Supreme Court was given recently...
Warning signs for Arbitration act amendment
The recent amendment to India’s Arbitration and Conciliation Act, 1996, has taken the arbitration community by surprise, with many fearing that parties against whom an arbitral award has been passed will try to stall...
Deals of the Year
India Business Law Journal reveals the most significant deals and disputes of 2020 and the law firms that worked tirelessly in bringing them to fruition. By Rebecca Abraham
The year gone by has been unlike...
Enforcing foreign awards involving only Indian parties
The Gujarat High Court in GE Power Conversion India Pvt Ltd v PASL Wind Solutions Pvt Ltd decided whether two Indian parties could choose a foreign seat of arbitration, and then be entitled to...
Proof of notice needed for appointment of arbitrator
In a recent case before the Allahabad High Court, an application was filed under section 11(6) of the Arbitration and Conciliation Act, 1996, for the appointment of an arbitrator, on the grounds of non-cooperation of...
Commercial consequences of foreign arbitration emergency awards
Following the 2006 changes to the UNCITRAL Model Law (model law) enabling arbitral tribunals to grant interim relief, a number of institutions including the Singapore International Arbitration Centre (SIAC) changed their rules to allow...
Specific mention of price fluctuations is needed in contracts
The Supreme Court in a recent judgment upheld the order of the Gauhati High Court, setting aside an award passed by the arbitral tribunal that was based on an impossible interpretation of a contract.
In...
Billions on the line
Vodafone may have won the day after a favourable arbitration result cut off India's claim to massive back taxes, but will this crucial award remain unchallenged when so much more is at stake? Freny...
Arbitration award against Jackie Shroff set aside
In a recent judgment in the case of Jackie Kukubhai Shroff v Ratnam Sudesh Iyer, Bombay High Court, while allowing the petition filed by actor Jackie Shroff, set aside the award passed against him...
Evolving doors
A reluctance to opt for litigation during the pandemic has seen new opportunities for arbitrators and other alternative dispute resolution practitioners. Shalvi Mehta assesses what should stay and what should go
Covid-19 and the subsequent...
No rewards for challenging awards in post-hearing stage
The Arbitration and Conciliation Act, 1996, governs the enforcement of foreign arbitral awards. The act essentially consolidated laws relating to arbitration and the enforcement of awards that resulted from the accession to the New...
The courts fight back
In a very short span of time India’s courts have adapted to working during the pandemic, and the lessons learned during this time will be used to increase efficiency and productivity of the judicial...
