Category: Dispute resolution
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New regulations offer opportunity for fast-track and emergency arbitrations
New regulations unveiled on 31 August 2023 provide guidance on arbitrations at the India International Arbitration Centre. The regulations provide for procedures which are aimed at achieving fast, fair and efficient conduct of arbitration.
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Case update: Parekh Plastichem Distributors LLP Vs. Simplex Infrastructure Limited
Decided on 14 September 2023, High Court of Bombay In Parekh Plastichem Distributors v. Simplex Infrastructure, the High Court of Bombay considered conflicting arbitration clauses in purchase orders and invoices and held that the arbitration clause contained in the purchase orders would govern the parties. Facts Parekh Plastichem Distributors LLP (the Applicant) supplied micro silica…
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Case Update: Anupam Mittal Vs. People Interactive (India) Pvt. Ltd. and others
The case of Anupam Mittal Vs. People Interactive (India) Pvt. Ltd highlights the significance of the National Company Law Tribunal’s exclusive jurisdiction for claims for oppression and mismanagement and throws light on the Indian Courts’ approach to issues of arbitrability and anti-enforcement injunctions against orders of foreign courts.
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Emergency arbitration in India: a problem of enforcement
Emergency arbitration has been in the spotlight in India recently through Indian low-cost airline Go Airline which is trying to enforce an emergency arbitration award against US engine manufacturer Pratt & Whitney. However, it seems that winning the award is not the end of the battle – the key challenge is enforcing it.
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Enabling procedural efficacies in parallel ISDS arbitrations
The difficulties associated with multiple claims brought by different claimants on the same subject-matter has been described as “detrimental to investment practice”.[1] The existence of concurrent proceedings can “hinder amicable settlement” and “undermine predictability more generally”.[2] The UNCITRAL Secretariat’s Note on the ‘Concurrent Proceedings in Investment Arbitration’ defines parallel or concurrent proceedings as “situations where…
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Invocation of arbitration under an unstamped or insufficiently stamped agreement
The Supreme Court of India recently decided upon a crucial issue of validity of an unstamped arbitration agreement. The five judge bench held that an instrument which is exigible to stamp duty, may contain an Arbitration Clause and which is not stamped, cannot be said to be a contract, which is enforceable in law within…
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Challenging the Unilateral Appointment of an Arbitrator
In its recent ruling, the Bombay High Court reiterated the need for a written agreement between the parties if one of them objects to the unilateral appointment of an arbitrator by the other.
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Arbitration regimes applicable to small and medium businesses in India
Although the Indian Supreme Court has tackled some of the conflicts around the validity of arbitration clauses for micro, small and medium-sized enterprises, clarity is still required on how such clauses should apply
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CTI Future Corporation v. Ducgiang Chemical & Detergent Powder Joint Stock Company
The Hon’ble Karnataka High Court pronounced a judgement which allowed parties foreign to Indian jurisdiction to enforce international commercial arbitration awards passed in countries that are a signatory to the NY Convention and that are reciprocating territories with India.
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The challenges of bringing claims over digital currencies
Shreyas Jayasimha, founder and managing partner at Aarna Law, recently spoke at a webinar hosted by the American Arbitration Association on Disputes Involving Blockchain and Crypto Assets: Recent Strides.