New regulations unveiled on 31 August 2023 provide guidance on arbitrations at the India International Arbitration Centre. The regulations provide for procedures which are aimed at achieving fast, fair and efficient conduct of arbitration.
Decided on 14 September 2023, High Court of Bombay In Parekh Plastichem Distributors v. Simplex Infrastructure, the High Court of Bombay considered conflicting arbitration clauses in purchase orders and invoices …
Case update: Parekh Plastichem Distributors LLP Vs. Simplex Infrastructure Limited Read more »
The case of Anupam Mittal Vs. People Interactive (India) Pvt. Ltd highlights the significance of the National Company Law Tribunal’s exclusive jurisdiction for claims for oppression and mismanagement and throws light on the Indian Courts’ approach to issues of arbitrability and anti-enforcement injunctions against orders of foreign courts.
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.
