Date of Decision: 17th May 2023 Division Bench Of Delhi High Court Corum: Hon’ble Mr. Justice Vibhu Bakhru Hon’ble Mr. Justice Amit Mahajan An arbitral award was awarded in …
Case update: Kotak Mahindra Bank Ltd. v. Narendra Kumar Prajapat Read more »
Aarna Law LLP would like to thank all the panelists, the audience, and its co-organisers Simha Law, Rajah & Tann and Nani Palkhivala Arbitration Centre, for the success of the …
Join us at our upcoming seminar “International Trade & Shipping, Commodity Arbitration & Arbitrability of Corporate Disputes,” presented in collaboration with Rajah & Tann Asia, Simha Law, and Nani Palkhivala …
Introduction In this article, Shreyas Jayasimha, Punthi Shah and Tushar Tyagi analyze how Alternative Modes of Dispute Resolution have been gaining traction across the world as an apt alternative to …
The Role of Arbitration and Mediation in Insolvency Read more »
Aarna Law’s co-founder Shreyas Jayasimha has been appointed to the Expert Committee that will recommend reform to India’s Arbitration and Conciliation Act, 1996. The Expert Committee is tasked with reviewing the present …
Shreyas Jayasimha appointed to the Expert Committee Read more »
A recent judgment from the Delhi High Court has placed arbitration financing in the spotlight and seems to provide more comfort to third-party funders of disputes in India. On 29 …
New ruling supports third-party funding for disputes Read more »
Arbitrating in India can involve recalcitrant respondents trying to frustrate the proceedings, and claimants trying to bring claims that would ideally be litigated before courts. Unfortunately, the jurisprudence around whether a claim is arbitrable or not has not followed a consistent pattern yet it can have profound consequences for the parties involved.
It therefore becomes essential to understand the state of play when it comes to understanding which disputes are arbitrable under Indian law including for the purposes of this article when there are allegations of fraud.
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.
