INTERIM RELIEF IN INDIA: MAXIMISING LEGISLATIVE INTENT AND JUDICIAL WILL THROUGH EMERGENCY ARBITRATION

-Shubhankar Sharan and Sahsransh Pandey* INTRODUCTION The Arbitration & Conciliation Act of 1996 was brought to enable parties to settle their disputes speedily and cost-effectively, while not having to go through the rigours of Courts. However, there are certain situations, wherein a party seeks interim relief before the Courts with the motive of preserving the … More INTERIM RELIEF IN INDIA: MAXIMISING LEGISLATIVE INTENT AND JUDICIAL WILL THROUGH EMERGENCY ARBITRATION

SEAT VS EXCLUSIVE JURISDICTION CLAUSES: A TALE OF THREE CITIES

Meenal Garg and Shubham Sharma* Introduction Territorial jurisdiction in traditional courtroom litigation is governed by provisions of the Civil Procedure Code, 1908 (hereinafter, the “CPC”). Secs. 15-20 of the CPC provide for multiple situses for filing a dispute. This causes uncertainty as either party could file a suit in a jurisdiction that is most convenient … More SEAT VS EXCLUSIVE JURISDICTION CLAUSES: A TALE OF THREE CITIES

Binding Non-Signatories to International Commercial Arbitration Agreements: An Arbitrator’s Dilemma

Ashwin Sasikumar and Husain Attar * Introduction One of the main goals of International Commercial Arbitration is to provide a measure of certainty with respect to the resolution of international commercial disputes; in terms of the governing laws, procedures, and forum. Yet with arbitration becoming ubiquitous in international commercial practice, difficult legal questions increasingly arise … More Binding Non-Signatories to International Commercial Arbitration Agreements: An Arbitrator’s Dilemma

Arbitration and Conciliation (Amendment) Act, 2021: Hits and Misses

Ayushi Dubey & Yash Jain* Excerpt The recent Amendment in the Arbitration and Conciliation Act, 1996 (“the Act”) aims to reinforce the automatic and unconditional stay on the enforcement of the arbitral award. Additionally, it removes the Eighth Schedule which specified certain qualifications, experience, and accreditation norms for arbitrators. The Amendment is seen both as … More Arbitration and Conciliation (Amendment) Act, 2021: Hits and Misses

The Impact of Exclusion Clauses in Arbitration: A Study on Judicial Opinions, Legislative Inputs, and Way out for Global Emergence

Anchit Jain* Introduction Exclusion Clause is a kind of provision in an arbitration agreement which excludes the liability or right of a party. It creates imbalances in the rights and liabilities of the contracting parties. Moreover, an element of bias exists in such a clause. The clause can be observed in an Asymmetrical Arbitration Clause … More The Impact of Exclusion Clauses in Arbitration: A Study on Judicial Opinions, Legislative Inputs, and Way out for Global Emergence

Foiled by Formality: An Analysis of APM Air Cargo Terminal Services v. Celebi Delhi Cargo Terminal

– Lavanya Chawla & Daksh Saroha* FACTS OF THE CASE The Delhi HC rendered its opinion in APM Air Cargo Terminal Services v. Celebi Delhi Cargo Terminal in late 2019. Celebi Delhi Cargo Terminal (hereinafter, referred to as the ‘ Respondent ’) was granted a tender by Delhi International Airport Pvt. Ltd., for managing, upgrading … More Foiled by Formality: An Analysis of APM Air Cargo Terminal Services v. Celebi Delhi Cargo Terminal

Gammon India v. NHAI: The Delhi High Court Paves the Way to Curb Multiplicity of Arbitration Proceedings

– Kajal Singh and Nikunj Maheshwari* Abstract Arbitration practice in India has in recent times seen a paradigm shift to become at par with international practices. However, it still suffers from some major infirmities. One of such infirmity is the multiplicity of proceedings. This article attempts to highlight this issue and critically analyse Delhi High Court judgement … More Gammon India v. NHAI: The Delhi High Court Paves the Way to Curb Multiplicity of Arbitration Proceedings

Reference of Parties to Arbitration by NCLT Acting as the Adjudicating Authority: Transgressing the IBC

– Kajal Singh and Nikunj Maheshwari* Introduction The Insolvency and Bankruptcy Code, 2016 (IBC/ the Code) was enacted to promote restructuring and an easy exit for debt ridden companies. Nonetheless, creditors finding insolvency as an easy and expeditious route, attempt to invoke the Code for the purpose of debt recovery even in the presence of … More Reference of Parties to Arbitration by NCLT Acting as the Adjudicating Authority: Transgressing the IBC

Enka v. Chubb: The English Court of Appeal Provides Guidance on the Governing Law of the Arbitration Agreement

Aditi Mozika* The English Court of Appeal delivered its judgment in Enka Insaatve Sanayi S.A. v. OOO “Insurance Co Chubb” on 29th April, 2020. Through the judgment, it provided the much-needed clarification on law relating to anti-suit injunctions. The court also explained the test that should be applied to determine the law that would govern … More Enka v. Chubb: The English Court of Appeal Provides Guidance on the Governing Law of the Arbitration Agreement