Retrospective Taxation Regime and India-UK BIT: A Glance through the Cairn Case

Gunjan Bahety and Tanmay Joshi* Introduction An investor Treaty is an agreement between two or more states to protect investments made by eligible investors. Through Bilateral Investment Treaties (BITs), governments guarantee to safeguard investors’ rights such as the right to be free from expropriation without just compensation, assurance that the government will abide by its

Party Autonomy & Public Policy Vis-À-Vis Indian Parties Choosing a Foreign Seat of Arbitration

Mr. Tariq Khan and Nakashvir Singh Aulakh* Party autonomy is the single most important aspect of arbitration. It is the fact that the parties can choose the mode, medium, and governing law which makes arbitration the most preferred form of dispute resolution mechanism in recent years. The Supreme Court of India, time and again, has

April 2021 Issue of the Newsletter out now!

Dear Reader, Greetings from The Centre for Alternative Dispute Resolution (CADR), Rajiv Gandhi National University of Law, Punjab. We hope that you and your loved ones are safe and healthy. We are elated to bring to you the Fourth Issue of the Third Volume of the CADR Newsletter. The Higher Regional Court Frankfurt held that the European Court of Justice’s

Intricacies of Enforcement of International Arbitral Award concerning Cairn Energy Dispute

Shreya Ahuja and Yasha Goyal* Abstract Enforcement of arbitral awards has always been a challenge under the Indian regime. Foreign awards are enforceable under part II of the Arbitration and Conciliation Act, 1996. With progress in arbitration and various amendments, foreign companies are inclined towards investing in India. Although, there have been multiple cases of

India as an International Commercial Arbitration Hub Vis-À-Vis Its Conflict of Laws System

Kulsoom Farhat Khan and Vinisha Jain* Abstract International Commercial Arbitration (“ICA”) as the method of dispute resolution has become a conventional practice over the past few years and due to this growth, the idea of becoming the hub for ICA is garnering traction in developing countries. Bahamas has recently enacted its 2020 Bill that aims

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

Emergency Arbitration: A New Phase in the Indian Arbitration Regime

Mehek Wadhwani and Rishi Raj* INTRODUCTION The highly debated issue raised in Future Retail Limited v. Amazon.com Investment LLC was put to rest by the Hon’ble Delhi High Court as it upheld the validity of the appointment of Emergency Arbitrator (hereinafter “EAr”). The issue raised due to non-compliance of the Shareholders Agreement, which prohibited Future

A CASE FOR ARBITRABILITY OF DEBT RECOVERY DISPUTES

Saikishan B Rathore* Owing to the unprecedented effect of the global pandemic, debt recovery has proven to be a herculean task. The interests of both the parties are at stake in this process. By delaying repayment of loans, the interests of lenders as well as the collection agencies which solely depend on the lenders for

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

March 2021 Issue of the Newsletter out now!

Dear Reader, Greetings from The Centre for Alternative Dispute Resolution (CADR), Rajiv Gandhi National University of Law, Punjab. We hope that you and your loved ones are safe and healthy. We are elated to bring to you the Third Issue of the Third Volume of the CADR Newsletter. The Supreme Court of India held that disputes are not arbitrable once

Unconditional Stay on Arbitral Award- Assessing the Arbitration and Conciliation (Amendment) Act, 2021

Avesh Harshan* Abstract In order to make India an arbitration-friendly regime at an international level, there have been many amendments that have been incorporated into the Arbitration and Conciliation Act, 1996(“the Act”) especially over the past few years. The latest being the Arbitration and Conciliation (Amendment) Act, 2021 which has amended Section 36 and Section

February 2021 Issue of the Newsletter now out!

Dear Reader, Greetings from The Centre for Alternative Dispute Resolution (CADR), Rajiv Gandhi National University of Law, Punjab. We hope that you and your loved ones are safe and healthy. We are elated to bring to you the Second Issue of the Third Volume of the CADR Newsletter. The month of February has witnessed a great many exciting developments in

The Scope of Arbitrability of IPR Disputes in India

Kavya Arora and Aryaman Kaushik* Introduction Gradually over the years, the Arbitration Act, 1996 has developed substantially, which has resulted in less interference by the courts. It has provided for a friendlier and independent body, which lays down its effective rules and regulations. Because of this, the methods of alternative dispute resolution have gained much

Can Indian Parties Arbitrate on a Foreign Seat?

Arjun Chakladar and Aman Kumar Yadav* Excerpt The Gujarat High Court ruling in the present case, has been hailed as a “pro-arbitration ruling”, by allowing two domestic entities the right to choose a foreign seat of arbitration. Whether or not, two Indian Parties can choose to arbitrate on a foreign seat has been a vexed

The Limitation for Enforcement of Foreign Awards Conundrum – Analysis of Vedanta Judgement

Charvi Krishna* Introduction The Indian Judiciary has always been in a dilemma on the issue of deciding a limitation period for enforcing a foreign arbitral award in India. Various high courts have given varying judgements, which has only furthered the problem of enforcement. The Arbitration and Conciliation Act, 1996 (Hereinafter, ‘Arbitration Act’) is silent on