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 itsContinue reading “Retrospective Taxation Regime and India-UK BIT: A Glance through the Cairn Case”

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, hasContinue reading “Party Autonomy & Public Policy Vis-À-Vis Indian Parties Choosing a Foreign Seat of Arbitration”

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 ofContinue reading “Intricacies of Enforcement of International Arbitral Award concerning Cairn Energy Dispute”

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 aimsContinue reading “India as an International Commercial Arbitration Hub Vis-À-Vis Its Conflict of Laws System”

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 ariseContinue reading “Binding Non-Signatories to International Commercial Arbitration Agreements: An Arbitrator’s Dilemma”

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 FutureContinue reading “Emergency Arbitration: A New Phase in the Indian Arbitration Regime”

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 forContinue reading “A CASE FOR ARBITRABILITY OF DEBT RECOVERY DISPUTES”

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 asContinue reading “Arbitration and Conciliation (Amendment) Act, 2021: Hits and Misses”

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

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 muchContinue reading “The Scope of Arbitrability of IPR Disputes in India”

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 vexedContinue reading “Can Indian Parties Arbitrate on a Foreign Seat?”

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 onContinue reading “The Limitation for Enforcement of Foreign Awards Conundrum – Analysis of Vedanta Judgement”

The Emergence of the Presumption of Transparency in Investment Arbitration

Preksha Mehndiratta* Introduction In view of the recognition of the public interest involved in investment arbitration, there have been efforts over the past decade to improve the procedural transparency in such proceedings. However, most of these efforts matured in the form of optional instruments such as the United Nations Commission on International Trade Law (‘UNCITRAL’)Continue reading “The Emergence of the Presumption of Transparency in Investment Arbitration”

Enka Vs Chubb: UK SC draws the final curtain by laying down the approach to be taken in ascertaining the law governing arbitration agreements.

Yash Kapadia and Abhishek Kurian* Abstract In what has been described as an end to the long-running debate apropos the approach to be followed by an arbitral tribunal to determine the law applicable to an arbitration agreement, the U.K. Supreme Court (“UK SC”), recently through its judgement in Enka Insaat Ve Sanayi AS (“Enka”) vs.Continue reading “Enka Vs Chubb: UK SC draws the final curtain by laying down the approach to be taken in ascertaining the law governing arbitration agreements.”

Registrations Open for 3rd RGNUL Sports and Entertainment Law Mediation Competition, 2021

Open Registrations for the 3rd RGNUL Sports and Entertainment Law Mediation Competition, 2021 [6– 8 March] have started! The registration via pre-invites has closed and teams will now be registered on the basis of the vacant slots available, prior participation in the competition, and prior experience of the team. SPONSORS The Centre for Alternative DisputeContinue reading “Registrations Open for 3rd RGNUL Sports and Entertainment Law Mediation Competition, 2021”

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