Photo of Kapil Arora

Kapil Arora

Subscribe to Kapil Arora's Posts

Partner in the Disputes Resolution Practice at the Delhi office of Cyril Amarchand Mangaldas. Kapil’s expertise in dispute resolution ranges from the matters that are subject to both domestic and international commercial arbitration and litigation before the Supreme Court of India and High Courts.

He has also successfully represented leading companies in corporate fraud and white-collar crimes. He can be reached  at kapil.arora@cyrilshroff.com

Contact:Read more about Kapil Arora
Till Death Do Us Part? Abatement of Criminal Revision, Appeals on Death of Accused.

INTRODUCTION

It is trite law that while criminal proceedings operate in rem, the consequence of such proceedings (viz. imprisonment) impacts the liberties of individual person(s). It is equally well settled that legal heirs of an accused/ convict cannot be made to serve imprisonment on the death of the accused/ convict. This begs the question whether the demise of the individual also sounds the death knell on the connected criminal proceedings against him. In the present article, we explore whether the criminal appellate/ revisional proceedings would abate ipso facto on the death of the accused/ convict.Continue Reading Till Death Do Us Part? Abatement of Criminal Revision, Appeals on Death of Accused

CAN A CHALLENGE TO AN ARBITRAL AWARD BE DISMISSED FOR NON-COMPLIANCE WITH CONDITIONS FOR STAY ON ENFORCEMENT?

An arbitral award can be challenged by filing an application under Section 34 of the Arbitration and Conciliation Act, 1996 (“Act”). Ordinarily, along with the application to set aside an arbitral award, another application is filed under Section 36(2) of the Act seeking a stay on the operation of the award. Prior to the amendment to the Act in the year 2015, mere filing of an application under Section 34 of the Act would lead to an automatic stay on the enforcement of the award. However, pursuant to the Arbitration and Conciliation (Amendment) Act, 2015, Section 36(2) was amended to state that filing of an application to set aside an arbitral award shall not by itself render the award unenforceable and a specific order of stay of operation of the award shall have to be granted on a separate application being made for that purpose. Upon the filing of a separate application, seeking a stay on the operation of the arbitral award, the court may grant the stay, while imposing certain conditions, as it may deem fit. These conditions could entail either furnishing a bank guarantee or depositing cash with the court, to secure the arbitral award. The form and quantum of the security depends on the facts and circumstances of each case and is typically driven by the financial wherewithal and the conduct of the judgment debtor.Continue Reading Can a Challenge to an Arbitral Award be Dismissed for Non-Compliance with Conditions for Stay on Enforcement?