The round-up of the second quarter is up!
Double-hatting in investor-state dispute resolution has raised legitimacy issues. In this article, Divij Jain addresses the practice of double-hatting and suggests a potential solution to the problem.
In this post, Ramit Singh and Sakshi Lulla examine whether courts can act upon an unstamped arbitral award while hearing annulment proceedings. They comment on the approach adopted by the Indian courts on the interplay between the Arbitration Act with the Stamp Act.
This piece by Tania Gupta is an attempt to highlight the need to make the arbitration fraternity take into account women's experiences as well as acknowledge all the obstacles that she has to overcome. Focus is on the requirement to understand intersectionality and recognise it as the primary step towards accepting the challenge of broadening the select group of arbitrators, diversifying it to incorporate the invisible females and thereby, creating a truly inclusive set of arbitrators.
In the second part of his two-part blogpost, Harikrishnan critically examines the reasoning of the Court in Enka vs Chubb decision in light of the Indian jurisprudence. He notes that the Indian Supreme Court, since BALCO has favoured the Enka approach, and is therefore likely to endorse the view in Enka.
This post examines the recent decision of the English Court of Appeal in Enka v. Chubb, that the arbitration agreement, unless there are powerful reasons to the contrary, shall be governed by the law of the seat of arbitration. This marks a departure from the three- stage test propounded in Sulamerica v. Enesa to determine the law governing the arbitration agreement. R. Harikrishnan argues that Enka may not be correct in departing from the three-stage test in Sulamerica.
As a part of our online lecture series, we will be hosting our second webinar, on the topic, “Arbitration during COVID-19: Adequacy of the Indian Regime”.
Through this blog post, Divyanshu analyses difference in the threshold of confidentiality obligation in international commercial arbitration across multiple jurisdictions and measures to secure them. He also provides suggestions to balance the confidentiality obligation with the need for disclosure of information to secure the ends of justice.
In this post, Ridhi Arora examines whether arbitration clauses contained in invoices can be considered to be valid arbitration agreements in the context of various conditions laid down by Courts on this contested issue.
Post the 2015 amendment to the 1996 Act, courts have set aside a number of awards on the grounds of it being perverse and irrational, resulting in the enumeration of various principles. This blog post by Shagun Singhal and Khushbu Turki focuses on examining these principles and their effect in expanding the scope of perversity in the current arbitration jurisprudence.