Last week saw a flurry of activity around the announcement that both houses of the Indian parliament had passed the Mediation Bill.
The text of the bill, as passed by parliament, is not available yet. What is available is the text of the bill as introduced in parliament nearly two years ago in 2021. This text sets out some important proposals on both when and how mediation should be used.
Emergency arbitration has been in the spotlight in India recently through Indian low-cost airline Go Airline which is trying to enforce an emergency arbitration award against US engine manufacturer Pratt & Whitney. However, it seems that winning the award is not the end of the battle – the key challenge is enforcing it.
The difficulties associated with multiple claims brought by different claimants on the same subject-matter has been described as “detrimental to investment practice”.[1] The existence of concurrent proceedings can “hinder amicable …
Enabling procedural efficacies in parallel ISDS arbitrations Read more »
The Supreme Court of India recently decided upon a crucial issue of validity of an unstamped arbitration agreement. The five judge bench held that an instrument which is exigible to stamp duty, may contain an Arbitration Clause and which is not stamped, cannot be said to be a contract, which is enforceable in law within the meaning of the Contract Act.
In its recent ruling, the Bombay High Court reiterated the need for a written agreement between the parties if one of them objects to the unilateral appointment of an arbitrator by the other.
Although the Indian Supreme Court has tackled some of the conflicts around the validity of arbitration clauses for micro, small and medium-sized enterprises, clarity is still required on how such clauses should apply
The Hon’ble Karnataka High Court pronounced a judgement which allowed parties foreign to Indian jurisdiction to enforce international commercial arbitration awards passed in countries that are a signatory to the NY Convention and that are reciprocating territories with India.
Shreyas Jayasimha, founder and managing partner at Aarna Law, recently spoke at a webinar hosted by the American Arbitration Association on Disputes Involving Blockchain and Crypto Assets: Recent Strides.
Aarna Law recently hosted a panel discussion on climate change disputes as part of the International Chamber of Commerce’s “Make Climate Action Everyone’s Business” Forum.
Decided on 16th November 2022 | NCLAT Principal Bench, New Delhi FACTS The Appellants contend that the total aggregate amount of the ‘Operational Debt’ from the Operational Creditors (OC) is …
Excel Engineering & Ors. v. Vivek
Muralidhar Dabhade Read more »
