Position of the ‘Shashoua Principle’ in the Indian Jurisprudence

The present article traces the origin of the ‘Shashoua Principle’ as devised by the EWHC and its subsequent adoption by the Supreme Court of India. The article addresses the imbroglio situation created in the Supreme Court, wherein a three-judge bench has symbolically overruled a judgment pronounced by another three-judge bench of the same Court.

Saddling the Unruly Horse: Identifying the Seat, Venue, and Place of Arbitration

A lot has been written on Indian courts’ decisions on identifying the seat of an arbitration. However, apart from the slight unavoidable repetition, in this post, Karan Rukhana throws light on the manner in which courts have, to an extent, uniformly employed principles of contract interpretation to find the seat of the arbitration. A joint reading of the recent Supreme Court decisions on the issue and the observations made in BALCO allows to pinpoint the key factors of the arbitration agreement and conduct of parties that weighed with the courts.

Section 29A: Hurdle to the Confidentiality of Arbitral Proceedings

In this article of our theme-based blog posts, Smriti Shukla addresses persisting glitches in the Arbitration and Conciliation (Amendment) Act, 2019, specifically in the context of Section 29A which lays down a mandatory time limit for an arbitral tribunal to render its award in an India-seated arbitration. This article will attempt to examine the Pandora's Box opened by this Section 29A in the act, with the view that it violates newly incorporated Section 42A of the Act which talks about Confidentiality of the arbitral proceedings.