Many initial news reports about Sasan Power Ltd. v. North American Coal Corporation India Private Limited said that Supreme Court allowed Indian parties to contract out Indian law or that Indian parties could agree to a foreign seat. Later reports make a little more sense in reporting what the judge...
Blogs by S. Badrinath
It was expected that the Supreme Court would pass several judgements on the first day of the Court after the vacations (29.06.2016). The Supreme Court did pass several decisions and twenty three of them have been uploaded onto the Court’s website. One such decision is M/s. Emm Enn Associates v. Comm...
We had done three posts on the retrospective operation of the Arbitration and Conciliation (Amendment) Act, 2015: a) The blog post titled “Applicability of the 2015 Arbitration Amendment Act to Arbitration Related Court Proceedings: Part I” posted on 04.04.2016 in the Practical Academic Blog. The po...
The state of commercial law in India is in doldrums. This is exemplified by a recent decision of the Supreme Court in Gangotri Enterprises v. Union of India (Civil Appeal No. 4814/2016 dt. 05.05.2016) which not only erroneous but against the settled principles regarding restraint of bank guarantees....
Symposium Announcement from NLSIU is quoted as was sent (with a few formatting changes): The National Law School of India Review (NLSIR), the flagship journal of the National Law School of India University (NLSIU), Bangalore is pleased to announce the 9th Annual NLSIR Symposium on Goods and Services...
This post is in continuation of the previous post on the applicability of the Arbitration and Conciliation (Amendment) Act, 2015 to arbitration related court proceedings that were pending as on 22.10.2015 and those proceedings initiated on or after 23.10.2015 but in relation to arbitral proceedings ...
A few months back, we had brought to the notice of the readers of this blog the legal position pertaining to the commencement of the 2015 Ordinance amending the Arbitration and Conciliation Act, 1996 (see, here and here ). The Ordinance has since been enacted as an amendment Act but the same was bro...
IJAL’s latest Call for Papers is given below: INDIAN JOURNAL OF ARBITRATION LAW Call for Papers The Indian Journal of Arbitration Law (IJAL) is the flagship biannual journal of the Centre for Advanced Research and Training in Arbitration Law, published under the aegis of National Law University, Jod...
Today, the Lok Sabha passed the Arbitration and Conciliation (Amendment) Bill, 2015 in substance. However, the Minister added a new clause 25A to the Bill. The said clause deals with retrospectivity of the aforesaid amendments. It specifically provides that the amendments would not apply to arbitrat...
The Lok Sabha today debated the Arbitration and Conciliation (Amendment) Bill, 2015 to amend the Indian Arbitration Law. The debate began between 1700- 1800 hrs today (16.12.2015) and is likely to continue tomorrow. Prior to the debate on the aforesaid enactment, the Lok Sabha also debated the Comme...
The Chief Information Commission passed an order dt. 08.08.2015 in Rama Aggarwal v. Delhi State Legal Services Authority holding that notwithstanding that the Right to Information Act, 2005 overrode the provisions of the Arbitration and Conciliation Act, 1996, conciliation proceedings were confident...
Union of India & Anr v. Rajasthan Micro & Small Enterprises Facilitation Council & Anr decided by the High Court of Rajasthan at Jaipur could be one of the earliest decisions interpreting and applying the the Arbitration & Conciliation (Amendment) Ordinance, 2015. The second Resp...
Cow has become a hazardous subject to be handled cautiously, capable of igniting the frenzy of a mob to lynch or deny nationhood by being verbally deported to another nation. The image of this docile animal has been strategically used to polarize people to achieve ulterior purposes. Cow has been his...
Regular readers of this Blog would be aware of the recent post on the UK Supreme Court’s case of Cavendish Square Holding BV v Talal El Makdessi (Earlier posts on case in this blog can be accessed from here and here .). The issues involved in this case are: Whether the rule against penalties applies...
Early August, we had blogged about the case of Cavendish Square Holding BV v Talal El Makdess pending before the UK Supreme Court. We had stated that the decisions would have huge ramifications on international commerce. For the issues involved, see the linked post. UK SC blog reports that the judge...
Readers may be aware that the President of India has promulgated a new Ordinance amending the Arbitration and Conciliation Act, 1996. For those who are coming across this news for the first time, please read this post . Many of the reforms of the Law Commission of India have been incorporated while ...
The President of India has promulgated two ordianances bringing into force sweeping amendments to the Arbitration and Conciliation Act, 1996 and introducing Commercial Courts (see our previous post on the previous Commercial Divisions Bill ) in every District in India. The Ordinances can be accessed...
Followers of Indian arbitration and readers of this blog ( here ) would be well aware of the decision of the Supreme Court in HPHUDA v RS Rana (2012) where the court held that if the award amount (which is the subject of challenge under Section 34 of the Arbitration and Conciliation Act, 1996) or un...
In a recent judgement in East India Udyog Ltd. v. Maytas Infra Ltd ., a Full Bench of the Hyderabad High Court had to decide whether a court hearing a petition under Section 9 of the Arbitration and Conciliation Act, 1996 could dispose of the same ex parte. The entire list of questions that was refe...
Call for Submissions - National Law School of India Review, Vol. 28(1) The National Law School of India Review (NLSIR) is now accepting submissions for its upcoming issue- Volume 28(1). The most recent issue of the NLSIR, Vol. 27(1), will feature contributions by Dr. Catherine Seville, Reader, Newnh...