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    • The-Final-Word-on-the-Limitation-Period-for-Enforcement-of-Foreign-Awards
      Blog

      The Final Word on the Limitation Period for Enforcement of Foreign Awards

      The Supreme Court has, in its recent judgment of Government of India v. Vedanta Limited & Ors.[1], settled the law relating to limitation for filing petitions for enforcement and execution of fore...

      September 28, 2020
    • Foreign-Arbitral-Award-–-The-Pro-Enforcement-Trend-Continues
      Blog

      Foreign Arbitral Award – The Pro-Enforcement Trend Continues

      The courts of this country should not be places where resolution of disputes begins. They should be the places where the disputes end after alternative methods of resolving disputes have been consider...

      September 22, 2020
    • Avitel-v.-HSBC-Finality-on-the-Question-of-Arbitrability-when-Allegations-of-Fraud-are-Raised
      Blog

      Avitel v. HSBC – Finality on the Question of Arbitrability when Allegations of Fraud are Raised SMM

        The Supreme Court in the case of Avitel Post Studioz Limited v. HSBC PI Holdings (Mauritius) Limited[1] (“Avitel Case”) has recently engaged with the question of whether allegations of fraud ca...

      August 28, 2020
    • Blog
      Blog

      Multiplicity of proceedings defeats the purpose of alternate dispute resolution: Delhi high court

      Introduction Recently, the Hon’ble High Court of Delhi (“Court”) in Gammon India Ltd. and Anr. v. National Highways Authority of India[1], had the occasion to opine on the scourge of multiplicit...

      July 17, 2020
    • Blog
      Blog

      Arbitrator’s power to recall its order of termination of arbitral proceeding- A tale of Dubiety? (Part II)

      In Part I of this post, we inter-alia attempted to highlight the law (and perhaps a relevant counter perspective) in relation to the power of the arbitrator to recall its order of termination of arbit...

      July 7, 2020
    • Blog
      Blog

      Arbitrator’s power to recall its order of termination of arbitral proceeding- A tale of Dubiety? (Part I)

      Introduction: This article analyses the legal basis and the genesis of the power of an arbitrator to recall its order of termination of proceeding on account of default of the Claimant. India seated a...

      July 2, 2020
    • Blog
      Blog

      Supreme Court’s judgment in Vijay Karia v. Prysmian Cavi e Sistemi S.r.l.: Impact on challenges to awards passed in International Commercial Arbitrations conducted in India

        Section 34 of the Arbitration and Conciliation Act, 1996 (Act) sets out the grounds on which arbitral awards passed in domestic arbitrations and international commercial arbitrations seated in ...

      June 23, 2020
    • Blog
      Blog

      Section 34(4) of the Arbitration and Conciliation Act, 1996 – A Fly in the Ointment? (Part II)

      In Part I of this post, we examined the contours of Section 34(4) of the Arbitration and Conciliation Act, 1996 (the “Arbitration Act”), pre-conditions for its invocation and the scope of the powe...

      May 29, 2020
    • Blog
      Blog

      Section 34(4) of the Arbitration and Conciliation Act, 1996 – A Fly in the Ointment? (Part I)

      Introduction The recourse available to a party seeking to challenge an arbitral award is provided for in Section 34 of the Arbitration and Conciliation Act, 1996 (the “Arbitration Act”). Section 3...

      May 29, 2020
    • Blog
      Blog

      The Supreme Court reaffirms the scope of patent illegality

      Background The Supreme Court has, in Patel Engineering Limited v. North Eastern Electric Power Corporation Limited,[1] reaffirmed the scope of patent illegality, post the 2015 amendment of the Arbitra...

      May 25, 2020
    • Blog
      Blog

      Supreme Court’s Continuous Battle with Covid-19

      I. Introduction The last few months have been extremely unpredictable and extraordinary for the world as it continuously battles against the novel Corona virus (“Covid-19”) in all its spheres. In ...

      May 21, 2020
    • Blog
      Blog

      The Pursuit of Enforcement – Can the Corporate Cloaks be Unravelled?

      Introduction It is trite that a company is a separate legal entity, and is distinct from its members.[1] As Lord Sumption observed in Prest v Petrodel Resources Ltd.[2], “The separate personality an...

      May 19, 2020
    • Blog
      Blog

      Domestic Arbitration receives booster shot from Supreme Court

         Recently, the Supreme Court in Quippo Construction Equipment Limited V. Janardan Nirman Private Limited[1] held that if a party to an arbitration agreement chooses not to participate in arbitral ...

      May 18, 2020
    • Blog
      Blog

      SC refuses unilateral appointment of single arbitrator

      Arbitration is a method of alternate dispute resolution wherein a third party is appointed for adjudication of disputes between the concerned parties. In such a scenario, preserving the sanctity of th...

      May 5, 2020
    • Blog
      Blog

      Enforcement of Foreign Awards in India – Have the Brakes been Applied?

      In NAFED v. Alimenta S.A.,[1] the Supreme Court held a foreign award to be unenforceable, on the basis that the transaction contemplated would have violated Indian law, and was therefore contrary to t...

      April 27, 2020
    • Blog
      Blog

      Supreme Court denounces speculative litigation seeking to resist enforcement of foreign awards

      Introduction Over the years, Indian Courts have increasingly limited their interference with arbitral awards. This approach of non-interference is more so when it comes to enforcement of foreign award...

      April 15, 2020
    • Blog
      Blog

      Conditional or Unconditional Stay, That is the Question – The Fate of Arbitral Awards in India, Pending Challenge

      Background Ever since the enactment of the Arbitration and Conciliation Act, 1996 (the “Arbitration Act”), arbitral awards have been statutorily granted the same status as a decree of a civil cour...

      April 13, 2020
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