Shubhangi Agarwal (4th-year RMLNLU) dissects the reasoning given by the SC in Vidya Drolia case while questioning the ratio of Himangni Enterprises that earlier held lease disputes governed by Transfer of Property Act inarbitrable.
In this blog post, Shruti Gupta (4th-year, RMLNLU) examines the Indian jurisprudence on appointment of former employees as arbitrators. In doing so, she also attempts to decipher the legislative intent of specifying a certain time-limit for consideration of an employee as an arbitrator. She compares the same with the international practice of appointing an arbitrator by making reference to various lists of IBA Guidelines on Conflicts of Interest.
In this post, Rashika Bajpai (4th-year, RMLNLU) comments on the SC case of ICOMM Tele Ltd. vs Punjab State Water Supply Board passed yesterday by Justice RF Nariman and Justice Vineet Saran wherein, the court analysed the validity of 'deposit-at-call' arbitration clauses on the grounds of unequal bargaining power and arbitrariness. The court held that such clauses would be a clog on initiating arbitrations and hence liable to be struck down from government contracts.
Parimal Kashyap pens down this session digest of the session where the relevance and viability of the delocalisation theory was debated in modern-day international commercial arbitration.
In this blogpost, Edwin Thangaraj discusses the recent SC case of Giriraj vs Coal India which encapsulates the jurisprudence surrounding the incorporation of arbitration clauses by reference as provided u/s 7(5) of the 1996 Arbitration Act. While doing so, he also alludes to the single contract/two contract reference regime in English arbitration law.
In this post, Parimal Kashyap comments on the recent Supreme Court ruling in MMTC Ltd. v. Vedanta Ltd. in the light of established jurisprudence of Section 37 (Appealable Orders) of Arbitration and Conciliation Act 1996.
In this post, Gaurav Kumar (2nd year, Dr. RML National Law University Lucknow) summarises the recent LMJ International case of SC wherein the Court adopted a non-interventionist approach by holding that issue of maintainability of an execution case and enforceability thereof cannot be considered in isolation of each other.
In this blogpost, Kishan Gupta tries to explain as to where the Del HC in Vishal Infrastructure vs UOI (19.02.2019) went wrong while applying the 2015 Arbitration Amendment Act. While doing so, he also talks about the correct forum for raising jurisdictional challenge to the the tribunal under various provisions of the Arbitration Act, 1996.
In this blogpost, Kishan Gupta analyses the interpretation adopted by Indian Courts in understanding the implied exclusion of Part I of Indian Arbitration Act 1996. He contends that the way Indian courts have understood the meaning of 'implied exclusion' used under Section 2sub-section 2 of the Act, goes against the intention of the contracting parties and is only an attempt of Indian judiciary to make India a future arbitration hub.
In this blogpost, Kashish Sinha explains the importance of arbitrability of a dispute under the framework of arbitration law. While doing so, he analyzes the recent trends in arbitrability in India and concludes on the note that the rights which are in rem are beyond the scope of jurisdiction of an arbitral tribunal and hence inarbitrable.