Greetings from Centre for Alternative Dispute Resolution (CADR), Rajiv Gandhi National University of Law, Punjab.
We hope that you and your loved ones continue to remain well and safe.
December has witnessed a great many exciting developments in the ADR universe.
The Bankruptcy law in Brazil was amended to provide that a declaration of bankruptcy or judicial reorganization would not suspend arbitral proceedings, a petition for a writ of Certiorari was filed in the US Supreme Court to clarify if parties can seek discovery in the US for use in commercial arbitration proceedings seated outside the United States, and a ban on Russia from competing in major sporting events was upheld by the Court of Arbitration for Sport (while the term for the said ban was reduced from four to two years).
Additionally, the Supreme Court of India held that tenancy disputes under the Transfer of Property Act, 1882 were arbitrable, the Delhi High Court clarified that the provision of an emergency arbitrator under the SIAC Rules, cannot be said to be contrary to the Arbitration and Conciliation Act, 1996 and the Government of India challenged the Vodafone Arbitration Award (passed by the Permanent Court of Arbitration) in a Singapore court. In more bad news for India on the Investment Arbitration front, a three-member tribunal held that the claims of the Indian Government were not valid, and it was liable to pay USD 1.4 billion to Cairn Energy PLC.
Follow this space for details!
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Executive Editor, Newsletter
Centre for Alternative Dispute Resolution.