Live | Uzbek Arbitration Week (08-13 September, 2024)
This post provides an overview of the key highlights from the Uzbekistan Arbitration Week
Arbitration
Delhi High Court appoints Sole Arbitrator in petition against the National Highway and Infrastructure Development Corporation Ltd.
As per Clause 26.2 of the Agreement, the Chairman/Managing Director of the Board of Directors of Contractors was supposed to do the conciliation and not the committee constituted by NHIDCL.
Upholding a Legacy of Empowerment, Progress and Tradition, Justice Hima Kohli, bids farewell to the Supreme Court
Justice Hima Kohli, who bids farewell to the Supreme Court, became the first woman Chief Justice of the High Court for the State of Telangana and became the ninth woman to be elevated to the Supreme Court of India.
SC Collegium recommends appointment of Advocate Tejas Dhirenbhai Karia, as Judge of Delhi High Court
The Collegium noted that Advocate Karia is a domain expert in the law of arbitration and has extensive experience in conducting arbitrations, both domestic and international.
Delhi High Court partially sets aside Arbitral Award passed by Sole Arbitrator for failing to appreciate contractual terms subsisting between parties
The direction given by the Sole Arbitrator to exclude the period from 31-03-2015 to 31-03-2017 for calculation of pre-litigation interest was contrary to the express terms in the Agreement made between the parties.
Judicial Jigsaw: Never-Ending Conflicts and Interpretative Challenges of Section 29-A of the Arbitration Act
by Vasanth Rajasekaran* and Harshvardhan Korada**
‘One business partner’s conduct detrimental to another’; Bombay HC grants interim relief u/s 9 to aggrieved partner, in absence of efficacious remedy u/s 17 of Arbitration Act, 1996
Due to the respondent 1’s brazen disregard for the status quo order, the Court in absence of a Section 17 remedy, had to grant an interim relief under Section 9 of the Arbitration and Conciliation Act, 1996.
Order granting/declining ex-parte interim measure in Commercial Arbitration Dispute is appealable under S. 37, A&C Act, 1996: Karnataka HC
In the instant appeal, the Court had to consider the interplay of Sections 9 and 37 of the A&C Act; Section 13 of the Commercial Courts Act, 2015 and Rule 9 of High Court of Karnataka Arbitration (Proceedings before the Courts) Rules, 2001.
‘S. 21 notice not required if claim is filed in form of counterclaim for which reference has been made by Court’; Delhi HC dismisses Arbitration Applications
Since AISPL and the ASF Group had assumed responsibility for payments to be made to SPCPL, their impleadment was necessary for a comprehensive adjudication of the matter.
One Step Back, Then Three Steps Back: The Unfavourable Pitch of Indian Arbitration
by Dinesh Pardasani†, Bibin Kurian†† and Raghav Mudgal†††
No bar to invoke arbitration even if alternative remedy available under RERA Act: Gauhati High Court
There is nothing to show that there is any inconsistency or repugnancy between the provisions of the Real Estate (Regulation and Development) Act, 2016 and arbitration as an alternative. The parties have agreed to arbitration clause provided in contract agreement for settlement of disputes including the issue raised by petitioners.
Call for Papers | Amity Law Review (ALR), Vol.20, 2024 [August 30, 2024]
Amity Law School invites papers for Amity Law Review (ALR), Vol.20, 2024.
[LIDW 2024] HKA and 39 Essex Chambers host Panel discussion on ‘India: Changing face of Dispute Resolution in the new economic powerhouse’
The Panel Discussion was hosted at the International Dispute Resolution Centre on 06-06-2024, as a part of the London International Disputes Week (LIDW) 2024.
Courts must decide which contract will prevail when parties execute two contracts providing different dispute resolution mechanisms: SCOTUS
The instant dispute involved a conflict between two contracts executed by petitioner Coinbase, Inc., operator of a cryptocurrency exchange platform, and the respondents, who used Coinbase.
‘Uniting for Global Challenge and Opportunity’- London International Disputes Week, 2024 Kicks Off
This year’s LIDW has attracted over 7,000 registrations for events during the week, with 100 different jurisdictions represented, double the number recorded the previous year.
Pre-Award, Pendente Lite, and Post-Award Interest in Arbitration: Decoding the Supreme Court’s Perspective
by Vasanth Rajasekaran† and Harshvardhan Korada††
‘Seat of arbitration is the place where arbitral proceedings are anchored’; Delhi High Court rejects petition filed u/s 34 of Arbitration Act
The Delhi High Court says that the seat of the arbitration is to be determined based on arbitral proceedings and not with cause of action for underlying disputes.
Awards cannot be set aside on ground of erroneous application of law or by reappreciation of evidence until it suffers from patent illegality: Allahabad High Court
“The Statehas miserably failed to show any patent illegality warranting interference in appellate jurisdiction. Mere allegation would not suffice until and unless it stands substantiated from the pleading and the records.”
Deciphering the Supreme Court’s Verdict on DMRC v. DAMEPL — The “Cure” to Longstanding Legal Battle
by Vasanth Rajasekaran† and Harshvardhan Korada††
Delhi High Court dismisses S. 11 Arbitration petition due to Debit Notes issued after MSMED registration in arbitration proceedings
MSMED Act is a beneficial legislation for Micro Small & Medium Enterprises and provides that a buyer can also raise counter claims before the statutory arbitrator under the MSMED Act. Moreover, the scope of the Act as stated therein is to the extent that even if there is an agreement for arbitration between the parties, the MSMED Act will have overriding effect.