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Karthik Somasundram Bharucha Partners Ignoring evidence renders an arbitral award perverse

Ignoring evidence renders an arbitral award perverse

By Karthik Somasundram, Bharucha & Partners
In the case of PSA Sical Terminals Pvt Ltd v Board of Trustees of VO Chidambranar Port Trust Tuticorin & Ors, the Supreme Court considered whether a finding made by an arbitrator unsupported by evidence...
Court-upholds-emergency-award-in-Amazon-dispute

Court upholds emergency award in Amazon dispute

The Supreme Court, in the recent case of Amazon.com NV Investment Holdings LLC v Future Retail Ltd & Ors, answered two important questions. First, it held that an award by an emergency arbitrator appointed under...
Electricity regulator continues to reign supreme for now, Abhishek Tripathi and Vedant Kumar, Sarthak Advocates & Solicitors

Electricity regulator continues to reign supreme for now

By Abhishek Tripathi and Vedant Kumar, Sarthak Advocates & Solicitors
The conflict between electricity regulatory commissions and arbitrators in electricity sector disputes is a long-standing and vexed issue. In the recent case of Chief General Manager (IPC) MP Power Trading Co Ltd & Anr...
Court addresses limitation provisions under MSMED Act

Court addresses limitation provisions under MSMED Act

The Supreme Court recently passed a common judgment in two civil appeals – Silpi Industries etc v Kerala State Road Transport Corporation & Anr, and Khyaati Engineering v Prodigy Hydro Power Pvt Ltd –...
Looking east, Sreenivasan Narayanan, Raja Bose and Rob Houston, K&L Gates Straits Law

New frontiers for arbitrations seated in Singapore

By Sreenivasan Narayanan, Raja Bose and Rob Houston, K&L Gates Straits Law
Supreme Court judgment opens new frontier for Singapore-seated arbitration for Indian parties, write Sreenivasan Narayanan, Raja Bose and Rob Houston The Supreme Court’s landmark decision in PASL Wind Solutions Private Limited v GE Power Conversion...
Supreme Court- Party autonomy is the backbone of arbitration

Supreme Court: Party autonomy is the backbone of arbitration

The Supreme Court in a recent landmark judgment titled PASL Wind Solutions Private Limited v GE Power Conversion India Private Limited ruled that nothing stands in the way of party autonomy in designating a...
Demystifying limitation period under section 37 appeals

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-logo

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, Manoj Kumar, Hammurabi & Solomon

Factors when drafting arbitration clauses in commercial contracts

By Manoj Kumar, Hammurabi & Solomon
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

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...
litigation

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, Sonam Gupta, Sneha Jaisingh and Saloni Gupta, Bharucha & Partners

Arbitration gets support in validity and fraud challenges

By Sonam Gupta, Sneha Jaisingh and Saloni Gupta, Bharucha & Partners
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, Gautam Khurana and Pankaj Kapoor, India Law Offices

India shifts its focus in maritime arbitration

By Gautam Khurana and Pankaj Kapoor, India Law Offices
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

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...
Not-Happy

Not happy

Amazon isn't smiling about the proposed Reliance-Future deal, arguing that it will call into question the enforcement of contracts in India. Freny Patel finds out whether its arguments hold water The world’s richest man, Jeff...
Warning signs for Arbitration act amendment

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...
India law firms- deals of the year 2020

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, Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

Enforcing foreign awards involving only Indian parties

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
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...
Arbitration Manoj Kumar, Hammurabi & Solomon

Commercial consequences of foreign arbitration emergency awards

By Manoj Kumar, Hammurabi & Solomon
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...
Price fluctuations Contract

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...
Freny Patel reports, Vodafone,Indian government

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

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...
arbitrators litigation alternative dispute resolution

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...
Shweta Bharti and Shantanu Malik,Hammurabi & Solomon awards enforcement

No rewards for challenging awards in post-hearing stage

By Shweta Bharti and Shantanu Malik, Hammurabi & Solomon
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...
Justice Prathiba M Singh delhi courts

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...
Karthik-Somasundram-and-Sneha-Jaisingh,-Bharucha-&-Partners

Domestic award set aside for patent illegality

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
Patel Engineering Limited secured three arbitral awards against North Eastern Electrical Corporation Limited (NEECO) in respect of a project in Meghalaya. NEECO unsuccessfully challenged the awards under section 34 of the Arbitration and Conciliation...
foreign arbitral award enforcement Appellate arbitration Bhasin & Co

Enforcement of foreign arbitral award allowed

In the case of Centrotrade Minerals & Metals Inc v Hindustan Copper Ltd, the Supreme Court has upheld the validity of appellate arbitration clauses. The appellant, Centrotrade Minerals, with its headquarters in Virginia, US, had...
Anush Raajan Swastika Chakravarti Lakshmikumaran & Sridharan Insolvency and Bankruptcy code india

Disputed claims are not defaults under IBC

By Anush Raajan and Swastika Chakravarti, Lakshmikumaran & Sridharan
Under section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC), the National Company Law Tribunal (NCLT) in admitting a petition by a financial creditor is concerned only with the existence of a default...
E-courts

E-courts to aid Japanese companies with disputes

By Manish Dembla and Pradyuman Singh Sewar, Kochhar & Co
Justice in India has long been delayed. There are about 4.85 million cases pending in 25 high courts and approximately 36.64 million cases pending before 3,235 district and taluka courts. In Meters and Instruments...
new normalvideo

Surviving a ‘new normal’

India Business Law Journal teamed up with prominent arbitrator Ashok Sharma and a stellar panel of GCs to debate how in-house legal teams should rise to the unprecedented challenges facing Indian companies in a...

Filing limitations apply under section 8 of Arbitration Act

Delhi High Court, in a recent judgment, dealt with an important question of law on whether a limitation period applies to applications under section 8 of the Arbitration and Conciliation Act. Further, whether the...
corporate debtors

Net tightens for promoters of corporate debtors

By Manoj Kumar and Shweta Bharti, Hammurabi & Solomon
2020 has witnessed two legal developments that will impact the recovery strategies of operational creditors in India. The first development is the insertion of section 32A into the Insolvency and Bankruptcy Code, 2016 (code),...
funding

Third-party funding needed in arbitrations

With the advent of the coronavirus, the world is heading towards an unprecedented economic slowdown. The situation is even more peculiar in India, where the economy has been in the doldrums for more than...
arbitral award

How foreign awards are enforced in India

By Simranjeet Singh and Rohan Ahuja, Athena Legal
Trade between India and South Korea has seen significant growth in recent years due to the beneficial policies implemented by both countries. This growth in trade and commerce has seen a corresponding rise in...
enforcement

Bias towards enforcement of foreign awards

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
Disputes arose between joint venture partners for the control of Ravin Cables Ltd. Prysmian, the Italian partner, invoked arbitration under the London Court of International Arbitration (LCIA) rules alleging material breaches by the Indian...
Unilateral appointment

Unilateral appointments under threat

The Supreme Court, in Perkins Eastman Architects DPC & Anr v HSCC (India), delivered a landmark judgment in November 2019, where it held that arbitration clauses that allow one party to unilaterally appoint a...
insolvency

IBC cannot be used as a threat

In a recent judgment, the Calcutta High Court dealt with the question of whether an application under section 34 of the Arbitration & Conciliation Act, 1996, can be kept in abeyance owing to the...
Arbitration

Overlap between insolvency code and arbitration law

By Charanya Lakshmikumaran and Puneeth Ganapathy, Lakshmikumaran & Sridharan
Arbitral awards are treated as orders of a court and can be enforced as such, under the Civil Procedure Code, 1908 (CPC), subject to defences under the Arbitration and Conciliation Act, 1996. The Insolvency...
sole arbitrator

When the appointment of a sole arbitrator is invalid

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
Disputes arose from the termination of a design consulting contract between HSCC (India) Limited and a consortium consisting of Perkins New York and Edifice Mumbai (consortium), for the planning, designing and specifications of two...
award

New reasons for hope in domestic arbitral awards

By Manoj Kumar, Hammurabi & Solomon
Commercial expediency has always required an award to be intelligible and adequately reasoned in order to achieve the desired outcomes for parties using the arbitration process to resolve their business and commercial disputes. Almost...
arbitration cadbury

Section 87 relief for private companies

In a significant move, the Supreme Court, in Hindustan Construction Company Ltd v Union of India, granted a huge relief to several debt-ridden private sector companies (which are acting as contractors of the government)...
Looking beyond litigation for resolving disputes

Courting mediation

The Singapore Mediation Convention offers hope to businesses looking for an alternative to time-consuming litigation in overburdened courts. Amar Sundram reports A recent article headlined “Trust Deficit” in a leading Indian financial newspaper pointed out...

Multiple dimensions of mediation

A good settlement strategy evolves depending on the interplay between different aspects of the dispute, write Shaneen Parikh and Shalaka Patil India has grappled with the issue of lengthy delays in the court system, eliciting...
arbitrate

Non-signatories of a group are bound to arbitrate

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
The courts have previously applied the doctrine of group companies when they referred non-signatories to an arbitration agreement to arbitrate. The Supreme Court invoked this doctrine again in the case of MTNL v Canara...

Fraud allegation cannot nullify arbitration agreement

In a recent judgment, the Supreme Court held that the mere allegation of simple or plain fraud may not be a ground to nullify the effect of an arbitration agreement between the parties. In the...
arbitrator

Supreme Court holds that company director can nominate arbitrator

The Delhi High Court in a recent judgment held that courts have now consistently proceeded to appoint an independent arbitrator in situations where the arbitration clause is in conflict with the amended Arbitration Act....
arbitration

Courts must restrict role to determining existence of arbitration agreement

In a recent judgment of M/s Mayavati Trading Pvt Ltd v Pradyuat Deb Burman, a three-judge bench of the Supreme Court overruled the judgment in United India Insurance Company v Antique Art Exports Private...
Supreme Court

Equal treatment of all parties to legislation

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
To enhance the attraction of arbitration, the Supreme Court ruled in Pam Developments Pvt Ltd v State of West Bengal that the government, as a party to arbitration, is not entitled to special or...
India Business Law Journal

Mixed fortunes

Differing real estate trends emblematic of India? A recent bidding war for an office building in the heart of Mumbai’s business district, the Bandra Kurla Complex, that had earlier drawn lukewarm interest, points to the...
arbitration

Pressing issue

As the government pushes through with the International arbitration act, Experts believe ‘under-regulation’ is key to making India a global dispute resolution hub. M Rochan reports The government aims to put India on the global...

Ineligibility of an arbitrator fatal, unless waived

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
Section 12(5) of the Arbitration and Conciliation Act, 1996 (act), prescribes that a person whose relationship with the parties or the counsel or the subject matter of dispute falls under any of the categories...
Only court in specified venue can appoint arbitrator

Only court in specified venue can appoint arbitrator

In its judgment in Brahmani River Pellets v Kamachi Industries, the Supreme Court held that when the parties agree to have the venue of arbitration at a particular place, only the high court with...
Supreme court declines to apply group of companies doctrine in arbitration

Supreme Court declines to apply group of companies doctrine in arbitration

The Supreme Court, in the recent judgment of Reckitt Benckiser (India) Ltd v Reynders Label Printing India Ltd, refused to invoke the group of companies doctrine (which bind non-signatory affiliates) to implead a foreign...
Supreme Court

Unstamped agreements cannot trigger arbitration

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
Can an arbitration stipulation in an unstamped or unregistered agreement be enforced? The Supreme Court had settled this issue in the SMS Tea Estates (2011) case. It held that an arbitration stipulation is not...
arbitration

Effectiveness of arbitration in financing document disputes

By Nishtha Arora and Sounak Chakraborty, SNG & Partners
Globally, litigation and arbitration are the most commonly used methods for resolving commercial and transactional disputes. However, in India, in case of a dispute arising from financing transactions, the most preferred mechanism opted by...
ineligible person cannot appoint arbitrator

Ineligible person cannot appoint arbitrator

In a recent judgment in the Bharat Broadband Network Ltd. (BBNL) v United Telecoms Ltd case, the Supreme Court held that the appointment of an arbitrator by a person ineligible to be an arbitrator...
dispute-digest-water-privatization

Pre-deposit clauses to invoke arbitration struck down

In a recent judgment in ICOMM Tele Ltd v Punjab State Water Supply and Sewerage Board and Anr, the Supreme Court struck down a clause requiring a pre-deposit to invoke arbitration proceedings between the...
Karthik Somasundram and Sneha Jaisingh Bharucha & Partners April

Court says consumers not obliged to seek arbitration

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
Section 8 of the Arbitration and Conciliation Act, 1996 (act), requires judicial authorities to refer parties to arbitration. The Supreme Court in the P Anand Gajapathi Raju (2000) and Sukanya Holdings (2003) cases prescribed...
Gerald-Manoharan-J-Sagar-Associates

Are tenancy-related disputes arbitrable?

By Gerald Manoharan and Vishnu Vinayak, J. Sagar Associates
The Transfer of Property Act, 1882 (act), provided a general legislation regarding the transfer of immovable properties and interests. Subsequently, with the view of specifically regulating tenancy relationships, primarily to control inflated rentals and...
India Business Law Journal

Putting out fires

‘Come not between the dragon and his wrath’ These words of Shakespeare’s King Lear have resonated across the ages and surely must be heeded in this age of Twitter, Instagram, and Glassdoor. A disgruntled and...
money-rupee-india-charge-business-law-pay-salary

Arbitrator can be dismissed for overcharging

Rajasthan High Court, while deciding a writ petition, recently held that an arbitrator charging exorbitant fees can have their mandate terminated if they create a doubt in the mind of a party regarding prejudice...
ship-sea-logistic-business-law-port-container

Tribunal rules against NTPC in shipping dispute

In a recent judgment, an arbitral tribunal constituted of Justice Vikramajit Sen (retired), Justice B P Singh (retired) and Justice Anil Kumar (retired) passed an arbitration award on 27 January 2019 in favour of...
Judge-Court-Business-Law-Firm-Lawyer-India

Former employee able to act as arbitrator

The Supreme Court recently held that the Arbitration and Conciliation Act, 1996, does not disqualify a former employee from acting as an arbitrator provided there are no doubts about his independence and impartiality. The...
Karthik Somasundram and Sneha Jaising, Bharucha & Partners

Supreme Court: Place of arbitration not always seat

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
On what basis is the “seat” of an arbitration determined if the arbitration agreement specifies only the venue of hearing? The three-judge bench of the Supreme Court answered this issue in Union of India...
India-legal-news

News in brief

INDUSLAW ADDS DISPUTES PARTNER IndusLaw promoted Palecanda M Chinnappa as a partner in its litigation and dispute resolution practice in Bengaluru. Chinnappa advises on disputes and laws in areas such as arbitration and conciliation, banking and...
Abhishek-Dutta,-Vineet-V-Shrivastava-and-Manish-Parmar-Aureus-Law-Partners

Existence of dispute under insolvency code

By Abhishek Dutta, Vineet V Shrivastava and Manish Parmar, Aureus Law Partners
Under the Insolvency and Bankruptcy Code, 2016, the corporate insolvency resolution process (CIRP) can be initiated by an operational creditor if there is no dispute in relation to the default on the part of...

Matters cannot be remanded to arbitrator for fresh decision

The Supreme Court recently held that a court, while deciding a section 34 petition under the Arbitration and Conciliation Act, 1996, has no jurisdiction to remand the matter to an arbitrator for a fresh...

Supreme Court clarifies distinction between ‘place’ and ‘seat’ of arbitration

The Supreme Court recently considered the legal issue regarding the specification of a “place” or “venue” for arbitration in an arbitration agreement, and if the agreement is silent with respect to the “seat”, then...

Supreme Court says arbitral award not operational debt

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
Is an arbitration award against which a challenge is pending under the Arbitration and Conciliation Act, 1996, sufficient to commence insolvency proceedings under the Insolvency and Bankruptcy Code, 2016? “No”, said the Supreme Court...

High court replaces reluctant arbitrator

The High Court of Himachal Pradesh recently substituted a non-performing arbitrator because of his inability to arbitrate on the matter. In Devki Nandan Steel Works and others v HP State Electricity Board Ltd and others,...

Former CJI launches new arbitration guide

A partner at Kachwaha & Partners, launched his book Principles of Law of Arbitration in India at New Delhi’s Hotel Imperial last month. The author, Dharmendra Rautray, said the book takes readers “through different...

RERA – Regulation rules over arbitration?

By Anjala Parveen and Neha Joshi, Vidhii Partners
The Real Estate (Regulation and Development) Act, 2016 (RERA), was enacted with the objective of ensuring transparency and efficiency in real estate transactions and to establish a mechanism for speedy adjudication of disputes. The...

Prior notice: A precondition to challenge arbitral awards?

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
The 246th report of the Law Commission of India, dealing with delay in arbitration, recommended numerous changes to the Arbitration and Conciliation Act, 1996. One cause of delay was that “challenges to arbitration awards...
Parliament--The-monsoon-session

Parliament: the monsoon session

Continuing our regular coverage of India’s parliamentary sessions, Mandira Kala and Roopal Suhag assess key commercial bills that were debated and passed during the recent session The monsoon session of parliament in 2018 marked the...

Promoter-investor disputes may be solved by mediation

By Ekta Bahl, Samvad Partners
Startups, early-stage and even growth-stage companies seek investors with capital, experience and connections to help fuel their business, while investors hope for an exit with fabulous returns. Private equity funds have a finite life...

Decision marks another step widening the arbitration net

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
In Ameet Lalchand Shah & Ors v Rishabh Enterprises & Anr, the Supreme Court has taken one more step to widen the net of arbitration and avoid litigation. The transaction in dispute involved a solar...

Reference to repealed act does not invalidate agreement

The Supreme Court recently addressed the issue of whether, in an agreement signed after the Arbitration and Conciliation Act, 1996, came into force, a reference to arbitration under the Arbitration Act, 1940, is a...
A photo of Deepak Sabharwal on an article about commercial courts act

Ordinance marks overhaul of Commercial Courts Act

By Deepak Sabharwal, Deepak Sabharwal & Associates
Companies with business interests in India need to analyse and evaluate their approach to dealing with mercantile disputes in the wake of amendments by way of an ordinance dated 3 May in the Commercial...
Deepak-Sabharwal,-Deepak-Sabharwal-&-Associates

Amendments spur renewal of interest in arbitration

By Deepak Sabharwal, Deepak Sabharwal & Associates
When domestic and international commercial disputes arise, arbitration and other alternative dispute resolution (ADR) mechanisms offer many advantages over litigation in civil courts. Under the Arbitration Act, 1940, courts were allowed to interfere at...

Stress test

The battle between Vodafone and the government serves as a pressure gauge for the courts in investment treaty disputes. Rebecca Abraham reports on recent developments The collapse of the Dabhol power project in 2001 resulted...

Combating cybersquatting menace to virtual existence

By Abhigyan Ashok, LexOrbis
“Cybersquatting” was succinctly defined by Delhi High Court (in Manish Vij v Indra Chugh) as “obtaining fraudulent registration with an intent to sell the domain name to its lawful owner at a premium”. This...

Jurisdiction issue solved for executing arbitral awards

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
In a distinct departure from the erstwhile Arbitration Act, 1940, section 36 of the Arbitration and Conciliation Act, 1996, enables execution of an arbitral award “in the same manner as if it were a...
Miguel-de-Serpa-Soares

Keeping world order

In an interview with India Business Law Journal, Miguel de Serpa Soares, Under-secretary-general for legal affairs and United Nations legal counsel, talks to John Church about his legal team and the crucial work being...

Arbitration clause does not bar filing complaints

In M/S Emaar MGF Land & Anr v Aftab Singh, the Supreme Court dismissed an appeal where the National Consumer Dispute Redressal Commission (NCDRC) held that an arbitration clause in buyers’ agreements does not circumscribe...
arbitration-clause

Heirs of deceased partners can invoke arbitration clause

In Jyoti Gupta v Kewalsons & Ors, Delhi High Court held that where an arbitration agreement refers to a dispute between “partners”, it does not prevent or take away the right of enforcement of...
Foreign-lawyers-in-India

Supreme court interprets scope of work for foreign lawyers

In Bar Council of India v A K Balaji & Ors, the Supreme Court interpreted the expression “practise the profession of law” in the Advocates Act, 1961, which applies to foreign lawyers practising foreign law...
Karthik-Somasundram-and-Sneha-Jaisingh,-Bharucha-&-Partners

Has enforcement of awards been put on the fast track in India?

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
Effective 15 October 2015 section 36 of the Arbitration and Conciliation Act, 1996, was amended such that an arbitral award may be enforced even though a challenge to the award is pending unless the...

Will an arbitration clause exclude a consumer forum?

By Trinath Tadakamalla and Manvi Adlakha, Phoenix Legal
Persons and companies who claim to be “consumers” of goods or services (such as real estate, insurance, etc.) can approach the National Consumer Disputes Redressal Commission (NCDRC). Indian courts have held that companies can...

Flat owners, association are separate entities

Delhi High Court in a recent judgment held that arbitration could not be invoked against a party that is not part of the arbitration agreement. The court observed that because members of a registered...

Clarity on arbitral awards’ jurisdiction

Following conflicting judgments passed by several high courts, the Supreme Court ruled that an arbitral award can be executed anywhere in the country where the judgment debtor’s assets are located. The ruling clarifies that...

Objection in written statement can serve as arbitration application

Delhi High Court held that a party invoking an arbitration clause is not required to file a formal application specifically asking for reference of the dispute to arbitration as long as it raises an...
A feature image of an article about FEMA Case Laws | India Foreign Exchange Laws Case Study & Analysis on vantageasia.com

Laws in conflict

Bharat Vasani explores the legislative gap between the arbitration act and foreign exchange regulations by examining key judgments on enforcement applications India is one of the few countries that still has exchange controls and does...

Observance of mediation clause not mandatory

Delhi High Court recently held that it is not mandatory to follow an agreed upon mediation clause and reversed the judgment of a district court. In HCL Learning Ltd v Oriental Fairfield School, para 13(a) of...

Arbitration tribunal able to recall termination order

The Supreme Court recently decided on an arbitral tribunal’s ability to recall its order terminating arbitration proceedings on account of non-filing of claim by the claimant. In SREI Infrastructure Finance Limited v Tuff Drilling Private...
Contract cancellation can forfeit performance guarantee amount

Contract cancellation can forfeit performance guarantee amount

Delhi High Court recently dismissed an appeal filed under section 37 of the Arbitration and Conciliation Act, 1996, challenging the judgment of the district court, where objections filed by the appellant under section 34...

Violation of tribunal’s orders can lead to contempt proceedings

The Supreme Court recently held that an arbitral tribunal can make representation to a high court for contempt if any of its orders or interim orders are violated. In Alka Chandewar v Shamshul Israr Khan,...

Employees can act as arbitrators

The Supreme Court reversed a judgment passed by Delhi High Court, which set aside the appointment of the arbitrator and directed appellant Aravali Power Company to suggest names of three panel arbitrators from different...
Open for business? Key developments in India's legal sector

India: Open for business?

After much debate and anticipation, the liberalization of the legal sector now seems imminent. Gautam Kagalwala speaks to lawyers about the arrival of foreign firms and other key developments affecting the state of play...
Ex-promoter to continue arbitration with SpiceJet

Ex-promoter to continue arbitration with SpiceJet

The Supreme Court has rejected an appeal by SpiceJet against an order requiring it to deposit cash and a bank guarantee totalling ₹5.79 billion (US$90.1 million) in court in connection with a share transfer...
Vivek Vashi, Parinaz Vakil, Bharucha & Partners, on Employees as an arbitrator

Employees’ power to act as and nominate arbitrators

By Vivek Vashi and Parinaz Vakil, Bharucha & Partners
Bombay High Court in DBM Geotechnics & Constructions Pvt Ltd v Bharat Petroleum Corporation Ltd recently considered how the bar on the appointment of a party’s employees as arbitrators is to be interpreted, in...

Acceptance of payment does not imply resolution of disputes

Delhi High Court recently held that merely the fact that a contractor accepts payment from the employer for the work done does not mean that all disputes between them had ended. In Union of India...
Ineligible arbitrator loses the ability to nominate another

Ineligible arbitrator loses the ability to nominate another

The Supreme Court recently held that an arbitrator who becomes ineligible to be appointed as an arbitrator by operation of law also loses the power to nominate another person as an arbitrator, even if...
10 years of India business law journal

10 years

Vandana Chatlani reflects on India Business Law Journal’s first decade of documenting legal developments In June 2007, Vantage Asia, a little-known Hong Kong-based publishing house, printed the inaugural issue of a magazine dedicated to covering...
Damini Bhalla, Gargi Bohra, Luthra & Luthra Offices, on Cruz City ruling

Cruz City ruling: ‘Option’ for downside protection

By Damini Bhalla and Gargi Bohra, Luthra & Luthra Law Offices
Delhi High Court in its recent decision in Cruz City v Unitech rejected Unitech’s objections to enforcement of an arbitral award. The dispute related to the put option exercised by Cruz City obligating Unitech...
Interim orders available only if claim can be specifically enforced

Interim orders available only if claim can be specifically enforced

Bombay High Court recently held that no interim order can be passed by a court or an arbitrator under sections 9 and 17 of the Arbitration and Conciliation Act, 1996, where specific performance of...
Vivek Vashi and Ttkarsh Srivastava, Bharucha Partners

‘Dispute’ meaning settled for corporate insolvency cases

By Vivek Vashi and Utkarsh Srivastava, Bharucha & Partners
The National Company Law Appellate Tribunal (NCLAT), in Kirusa Software Pvt Ltd v Mobilox Innovations Pvt Ltd, has finally decided the scope of the term “dispute” under section 9 of the Insolvency and Bankruptcy...
Vivek Vashi and Aditi Bhansali, Bharucha & Partners

Court’s power to appoint arbitral tribunal detailed

By Vivek Vashi and Aditi Bhansali, Bharucha & Partners
The Supreme Court in Union of India v Besco Ltd answered the questions of whether the chief justice of a high court or any person or institution designated by the chief justice, while exercising...
Courts may deviate from clause stipulating arbitrator

Courts may deviate from clause stipulating arbitrator

The Supreme Court recently considered whether the chief justice of a high court or any person or institution designated by the chief justice, while exercising power under section 11(6) of the Arbitration and Conciliation...
Seat determines which court can regulate proceedings

Seat determines which court can regulate proceedings

In a recent appeal against a judgment of Delhi High Court, the Supreme Court decided that when the seat of arbitration was Mumbai, a clause stating that the courts at Mumbai alone would have...
Will India ever permit the arbitration of competition law matters?

Competing interests

Will India ever permit the arbitration of competition law matters? Nihal Dsouza and Johannes Ungerer examine the issues At first glance arbitration and competition law have little in common. Historically, these two branches of law have largely developed without...
India Business Law Journal

Altering realities

The more things change, the more they remain the same While cynics have long drawn strength from the truism in this old French saying, many would see it as an apt description of attempts to...
Notice required prior to referral of disputes

Notice required prior to referral of disputes

Delhi High Court recently held that prior notice under section 21 of the Arbitration and Conciliation Act, 1996, is mandatory before referral of disputes to arbitration and without such notice, arbitration proceedings that are...
Vivek Vashi and Aditi Bhansali, Bharucha & Partners

Arbitral tribunal’s amended power to appoint a receiver

By Vivek Vashi and Aditi Bhansali, Bharucha & Partners
Bombay High Court, in M/s Shakti International Private Limited v M/s Excel Metal Processors Private Limited, recently analysed the scope of the arbitral tribunal’s powers under section 17 of the Arbitration and Conciliation Act,...
Gautam Khurana and Chandra Shekhar, India Law Offices

Vibrant dispute resolution key to inspiring confidence

By Gautam Khurana and Chandra Shekhar, India Law Offices
A strong legal framework to ensure the timely resolution of commercial disputes will help attract foreign investments in India. Commercial disputes in India can be resolved either through litigation or alternative dispute resolution (ADR)...
Sawant Singh and Aditya Bhargava at Mumbai office of Phoenix Legal

Is the budget a bellwether or a Cassandra for reforms?

By Sawant Singh and Aditya Bhargava, Phoenix Legal
With the last throes of the demonetization saga closely nipping at the government’s heels, much theatre and fanfare accompanied the introduction of its 2017-18 budget. Tension was heightened as the union budget was merged...
Will institutional arbitration make an impact in India?

Fresh start

Is institutional arbitration finally going to make an impact in India? Sourish Mohan Mitra reports Gurgaon, home to the Indian operations of half of the Fortune 500 companies, may soon also become home to an...
Civil suit application does not preclude arbitration

Civil suit application does not preclude arbitration

The Supreme Court recently considered whether a high court was right in rejecting the application under section 5 read with section 8 of the Arbitration and Conciliation Act, 1996, to have the dispute referred...
Duty to appoint independent arbitrators explained

Duty to appoint independent arbitrators explained

In a recent judgment on whether a clause providing for appointment of arbitrators from a panel of arbitrators was contrary to section 12 of the Arbitration and Conciliation Act, 1996, as amended in 2015,...
Vivek Vashi and Utkarsh Srivastava, Supreme Court validates two-tier arbitration process

Supreme Court validates two-tier arbitration process

By Vivek Vashi and Utkarsh Srivastava, Bharucha & Partners
A three-judge bench of the Supreme Court has upheld the validity of a two-tier arbitration procedure in India. This issue was referred to a larger bench owing to a split decision of a two-judge...