By: Gaurav Chaudhary The author would like to thank Kishan Gupta, an Associate at Cyril Amarchand Mangaldas, for his valuable comments and constant guidance on the draft. Introduction The Group of Companies doctrine (Hereinafter ‘doctrine’) is a legal principle that has come under immense scrutiny due to its prevalent usage in Indian arbitration and corporate … Continue reading Questioning Conventional Wisdom: Reassessing the Application of the Group of Companies Doctrine in Indian Arbitration
Author: Society for Excellence in Arbitration Law
Arbitration as a Mechanism to Resolve ESG Disputes
By: Rashika Bajpai and Khushboo Sharma Introduction ESG (environmental, social, and governance) disputes refer to conflicts arising due to environmental sustainability, social responsibility, and corporate governance issues. It is a novel concept used to assess companies’ sustainability and ethical performance for investment decision-making. Businesses have seen a paradigm change where the emphasis on value creation … Continue reading Arbitration as a Mechanism to Resolve ESG Disputes
A Modernised Energy Charter Treaty: A step forward or two steps back?
By: Vrinda Basu The author would like to thank Siddhant Ahuja, a Trainee Solicitor at Herbert Smith Freehills, for his valuable comments and constant guidance on the draft. Introduction Developed in the aftermath of the Cold War, the Energy Charter Treaty (“ECT”) is a multilateral investment treaty signed by states (“Contracting Parties”) to enable global cooperation and stability in … Continue reading A Modernised Energy Charter Treaty: A step forward or two steps back?
Good Intentions Gone Awry: The Calcutta High Court’s Ruling in Cholamandalam v. Amrapali
By: Debarshi Chakraborty and Shashwat Awasthi The recent decision by the Calcutta High Court in Cholamandalam Investment and Finance Co. Ltd. v. Amrapali Enterprises and Anr. has raised concerns about the potentially disastrous outcomes of good intentions if not accompanied by prudent foresight. The case revolves around an application filed by Cholamandalam Investment and Finance … Continue reading Good Intentions Gone Awry: The Calcutta High Court’s Ruling in Cholamandalam v. Amrapali
Contentious Majority Award: Arbitrator’s Acknowledgement
By: Vaibhav Chaturvedi Introduction Under Section 10 of the Arbitration and Conciliation Act, 1996, parties are at liberty to decide the number of arbitrators forming the tribunal, given the exception that it should not be an even number. Although, a sole arbitrator would constitute a ‘tribunal’, but the current contention over majority award arises when … Continue reading Contentious Majority Award: Arbitrator’s Acknowledgement
Applicability of CISG over FIDIC in Construction Arbitrations: A Tussle Over Interpretation
By: Aviral Shrivastava Introduction International Arbitration was created as a technique to eliminate erroneous or time-consuming litigation, and since then it has earned widespread acceptance. Despite this, constructive debates of the cost-mechanism and, more specifically, issues linked with diverse interpretations of the Arbitration Clause and the Arbitration Agreement have been made. With this enhanced discernment, … Continue reading Applicability of CISG over FIDIC in Construction Arbitrations: A Tussle Over Interpretation
Arbitral Tribunal’s Power To Recall: A Hasty Judicial Creation?
By: Priyanshi Bhageria The author would like to thank Parimal Kashyap, Associate AZB & Partners, Mumbai for his valuable comments and constant guidance on the draft. Introduction Recently, in Vag Educational Services v Aakash Educational Services, the Delhi High Court opined that an arbitral tribunal cannot recall the proceedings if its mandate is terminated under Section 32 of … Continue reading Arbitral Tribunal’s Power To Recall: A Hasty Judicial Creation?
Session Digest: Two-Tier Arbitration in India: Validity and Insertion in the Indian Framework
By: Utkarsh Srivastava and Dhairya Kumar Introduction: Party autonomy is a concept which forms the centre to the arbitral process. The leeway to the parties in deciding the manner of adjudication of their dispute should be ensured given that the leeway is exercised within the scope of the national law on the subject applicable in the … Continue reading Session Digest: Two-Tier Arbitration in India: Validity and Insertion in the Indian Framework
SEAL Quarterly Round Up Q4 2022
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Forced Arbitration: Examining Validity of the Group of Companies Doctrine in India
By: Abhimanyu Pathania and Devansh Dixit Introduction Party consent is one of the most important facets of arbitration under several international conventions. Section 7 of the Arbitration and Conciliation Act, 1996 [hereinafter, “the Act”] makes consensus ad idem essential for a valid arbitration agreement. Though infrequently, diverse legal theories have been applied to bind non-signatories … Continue reading Forced Arbitration: Examining Validity of the Group of Companies Doctrine in India