In this post, Dhriti Mehta addresses the the guidelines developed by the Indian courts on the grant of anti-arbitration injunction. She does a comparative analysis and discusses three major reasons why courts have been reluctant to grant anti-arbitration junctions.
In this post, Ragini Agarwal analyses the recent Supreme Court decision in M/s Centrotrade Minerals v. Hindustan Copper Ltd. and explains the contours of the arguments raised by the parties and the decision given by the Court.
In the latest blog post, Anusha Shekhawat & Vatsal Patel write a critique of the recent three-judge bench judgment of the Supreme Court of India in National Agriculture Cooperative Marketing Federation of India v. Alimenta S.A., wherein a foreign arbitral award was set-aside on the ground of contravention of public-policy. The authors argue how the Supreme Court of India interpreted the law in its previous rulings correctly but applied it in a strange manner.
This blog post traces the various judgements of the Indian courts on interpretation of the limitation period for enforcement of foreign arbitral awards. In this post, Rohan Gulati (3rd yr, SLS Hyderabad) suggests that there continues to be a void with respect to the law governing such practice. The Arbitration and Conciliation Act, 1996 provides for recognition and enforcement of foreign arbitral awards but fails to address the limitation period for enforcement of such awards.
In this post, Parimal Kashyap comments on the recent Bombay High Court ruling which affirms the jurisdiction of the arbitration-seat court during enforcement proceedings.