Photo of Sayyad Saqib Ali

Sayyad Saqib Ali

Subscribe to Sayyad Saqib Ali's Posts

Associate in the Disputes practice at the Mumbai office of Cyril Amarchand Mangaldas. Saqib graduated from the National Law Institute University, Bhopal in 2022 and has been working on ad hoc arbitrations seated in India and commercial litigations. He can be reached at saqib.ali@cyrilshroff.com

Revisiting Unilateral Arbitrator Appointments: The Supreme Court’s New Stance on Fairness and Equality

Introduction

Party autonomy is undoubtedly a cornerstone of arbitration proceedings, allowing parties substantial freedom to shape the contours of their dispute resolution process. This freedom extends to choosing arbitrators and defining procedural rules, reflecting a central appeal of arbitration over litigation. However, this autonomy has limits, particularly where it intersects with the mandatory provisions of the Arbitration and Conciliation Act, 1996 (“Arbitration Act / Act”), designed to uphold fairness, impartiality and transparency.Continue Reading Revisiting Unilateral Arbitrator Appointments: The Supreme Court’s New Stance on Fairness and Equality

Disputes

Introduction

The Government of India (“Government”) had announced a one-time voluntary settlement scheme through the Union Budget 2023-24 to settle contractual disputes involving the Government of India or its undertakings. This voluntary settlement process would also be applicable to disputes that have resulted in arbitral awards or court decrees or court orders upholding arbitral awards (hereinafter collectively referred to as “Award”) under challenge. The scheme is called Vivad se Vishwas II (Contractual Disputes). A draft scheme was published for circulation and was open for public comments till March 8, 2023.Continue Reading Execution meeting spirit of the text will determine success of Vivad se Vishwas II