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”

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”

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 ClauseContinue reading “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, upgradingContinue reading “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 judgementContinue reading “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 ofContinue reading “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 governContinue reading “Enka v. Chubb: The English Court of Appeal Provides Guidance on the Governing Law of the Arbitration Agreement”

Arbitration: A Viable Choice for Resolving Disputes Arising Out of Mergers and Acquisitions

Shauree Gaikwad* Introduction Mergers and acquisitions are complex business transactions. India has witnessed a boom in mergers and acquisitions (“M&A”) activity in the past five years with more than 3,600 deals, with an aggregate value of more than USD 310 billion. During the last year alone, in 2019, the M&A activity which occurred in IndiaContinue reading “Arbitration: A Viable Choice for Resolving Disputes Arising Out of Mergers and Acquisitions”

May 2020 Issue of the Newsletter now out!

Dear Readers, Greetings from CADR, RGNUL. We hope that you and your loved ones remain safe during these tumultuous times. It has been three months since the lockdown; we hope that you and your loved ones continue to remain well and safe.  The May Issue of the CADR Newsletter is now out. We are happy to announce theContinue reading “May 2020 Issue of the Newsletter now out!”

NAFED v. Alimenta: The Supreme Court Takes Several Steps Back

Anirudh Agarwal* Abstract The Supreme Court, in the recent case of NAFED v. Alimenta (2020 SCC OnLine SC 381) refused to enforce an arbitral award on the ground of it being violative of “public policy” exception. The judgment dealt with the enforcement of an award that was passed even before the enactment of the ArbitrationContinue reading “NAFED v. Alimenta: The Supreme Court Takes Several Steps Back”

Resolving the Conflict between Lex Specialis and Lex Generalis in procedure for the Appointment of Arbitrators: the National Highways Authority of India v. Sayedabad Tea Company (2019)

– Shruti Mishra, Prakarsh* Abstract The authors have attempted to scrutinise the position of the Supreme Court on the ambiguity surrounding the procedure of the appointment of arbitrators, given under a specific legislation vis-a-vis the Arbitration & Conciliation Act, 1996. The authors have relied on the analysis of the landmark case in this regard –Continue reading “Resolving the Conflict between Lex Specialis and Lex Generalis in procedure for the Appointment of Arbitrators: the National Highways Authority of India v. Sayedabad Tea Company (2019)”

Unequal Influence of Parties in Appointment of Arbitrators: A Critical Analysis of the Railways Electrification (2019)and the Ensuing Quagmire

Ramit Singh[1] In a recent judgment delivered by the Hon’ble Supreme Court, the position on the appointment of arbitrator by parties has become unclear. In the context of unilateral appointment of an arbitrator, where one party can only appoint an arbitrator from a pool-based system created by the other party hampers the principle of equalContinue reading “Unequal Influence of Parties in Appointment of Arbitrators: A Critical Analysis of the Railways Electrification (2019)and the Ensuing Quagmire”

April 2020 issue of the Newsletter now out!

Dear Readers, Greetings from CADR, RGNUL. We hope that you and your loved ones remain safe during these tumultuous times. We are glad to announce the launch of the April 2020 issue of the CADR Newsletter. As the world continues to grapple with the COVID-19 pandemic, the ADRC community has put its best food forward.Continue reading “April 2020 issue of the Newsletter now out!”

Fundamental Policy of Indian Law and Enforcement of Foreign Arbitral Awards in India: A Judicial Ping-Pong?

Ananya Pratap Singh[1] [Editorial Note: Ananya Pratap Singh writes again for our blog, this time tracing the jurisprudential development of the exception of ‘public policy’ to enforcing an award. For a further nuanced understanding of the NAFED case and a diagrammatic representation which makes lucid the status of ‘public policy’ exception as its stands today,Continue reading “Fundamental Policy of Indian Law and Enforcement of Foreign Arbitral Awards in India: A Judicial Ping-Pong?”

Identifying the ‘Seat’ of Arbitration in the age of Virtual Hearings and COVID-19: Answering the Conundrum

Shantanu Lakhotia[1] “As we conceptualize international arbitration in a globalized era, we must also be cognizant of the synergistic opportunities available for international arbitration through utilization of disruptive technologies.”[2] – Justice Sharad Arvind Bobde(Chief Justice of India) Introduction The outbreak of the COVID-19 pandemic has pushed the world into utter chaos. Considering the highly contagiousContinue reading “Identifying the ‘Seat’ of Arbitration in the age of Virtual Hearings and COVID-19: Answering the Conundrum”

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