Dispute Resolution / Arbitration

The United Nations Commission on International Trade Law - Model Law on International Commercial Arbitration, 1985 (“Model Law”) was drafted for the individual States to adopt “in their statutory arbitration laws either in its entirety, or a substantial part of its provisions, or at least its general shape and philosophy, so as to bring about a certain amount of uniformity amongst national laws…”....

Section 17 of the Arbitration and Conciliation Act, 1996 (“Act”) has been recognized as an important provision for the smooth and efficient working of the arbitral process as it ensures that the Parties seek interim measures from the arbitral tribunal itself rather than approach the Courts . The 2015 amendment to the Act (2015 Amendment”) has been a necessary and significant amendment. ...

In the wake of the prevailing COVID-19 situation and given the magnitude and the extent of its spread, the corporate sector is required to play a key role in implementing the strategic policy decision of social distancing, which is most crucial for reducing the rate and extent of the disease transmission at community level....

In the context of arbitration, the terms “seat” and “venue” have very specific meanings. However, judicial interpretation over the years have created confusion as to the actual understanding of the same. In India, over the course of the past two years, we have seen conflicting decisions with respect to interpretation of arbitration clauses and determining the “seat of the arbitration”. In light of that, the recent decision of the three-judge bench of the Supreme Court in Mankastu Impex Private Limited V Airvisual Limited (“Mankastu”) has attained utmost significance. ...

Ever since India was ranked at 178 out of 189 nations in the world in contract enforcement, the government has attempted to take different steps to facilitate quick enforcement of contracts and hasten the process of dispute resolution through arbitration, so as to encourage investment and economic activity. As part of these measures to change the country’s image with regard to contract enforcement, the government has made amendments to the Arbitration and Conciliation Act, 1996 (“Act”)with the most recent amendment coming into effect on August 30, 2019 (“2019 Amendment Act”)....

Rule against bias is one of the fundamental principles of natural justice which applies to all proceedings, compliance with which is the pivot point of a judicial process. This principle has been reinforced by the Supreme Court of India, on November 26, 2019, in the case of Perkins Eastman Architects DPC v. HSCC (India) Limited ,wherein the Apex Court reiterated that a person who has an interest in the outcome or decision of the dispute must not have the power to appoint a sole arbitrator....

In one of its recent judgements, Ambalal Sarabhai Enterprises Limited versus K.S. Infrasapce LLP and Other[1], the Supreme Court has pronounced that for an immovable property to fall under the scope of the Commercial Courts Act, 2015 ("CC Act"), such immovable property must be "used exclusively" or must be considered as "being used exclusively" in trade or commerce....

It has been well established that proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”) are summary in nature.The scope of enquiry in any proceedings under Section 34 of the Act has been restricted to consider whether any of the grounds mentioned in Section 34(2) or Section 13(5) or Section 16(6) are made out to set aside the award, the grounds for which are specific....

It has been well established that consent from parties is a prerequisite to an arbitration.This characteristic of an arbitration ensures that it is only the parties to an arbitration agreement that would be the parties between who arbitration shall commence against. However, over time we have seen different doctrines or legal theories developed such as the group of companies’doctrine, the concept of agency, the reliance theory, that have been used to make a non-signatory a party to an arbitration....