A civil construction dispute is invariably a smorgasbord of contentious issues like price escalation, variation in quantities and/or costs, force majeure events and technical hindrances. Given the complex nature of a construction dispute and the claims involved, arbitration is increasingly becoming the preferred choice of parties as an ADR mechanism because of the flexibility and effectiveness it offers. However, the arbitrator(s) in such disputes must wear the hat of a legal interpreter, economist and a mathematician, a vocation few will be envious of.Continue Reading CONSTRUCTION ARBITRATION AND THE NUMBERS GAME: AN ANALYSIS OF THE DELHI HIGH COURT’S RECENT DECISION IN SATLUJ V. JP
Senior Associate Designate in the Disputes Practice at the Noida office of Cyril Amarchand Mangaldas. Sukanya advises on environmental and socio-economic disputes, and has a focus on Supreme Court practice. She is dual qualified and also admitted to the New York Bar. She can be reached at firstname.lastname@example.org
In a unique fact scenario, the sole arbitrator, in a domain name dispute between parties, named himself in the “Hall of Fame” for giving a particular type of decision in such disputes. Upon challenge to the arbitral award passed, the Hon’ble High Court of Delhi exercised its powers under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”) and set it aside.
This article examines the reasoning given by the Hon’ble High Court to determine what would constitute a reasonable apprehension of bias, and the implications of a court setting aside arbitral awards on grounds of bias when an arbitrator has the “propensity” to pass certain types of orders.Continue Reading Not Always Beneficial To Make It To The “Hall Of Fame”: Dissecting Delhi High Court’s Decision In Microsoft V. Zoai
As with any legal proceeding, an arbitrator’s impartiality and independence is the bedrock of a fair and valid arbitration proceeding. In its recent decision in the case of Margo Networks Pvt Ltd & Anr. v. Railtel Corporation of India Ltd (“Margo v. Railtel”), the Hon’ble High Court of Delhi exercised its powers under Section 11 of the Arbitration and Conciliation Act, 1996 (“Act”), with the intention to highlight the importance of appointing arbitrators in a manner that is unbiased and does not favour any one party.Continue Reading Delhi HC’s Margo V. Railtel Order: Analysing Impartiality in Arbitrator Appointments
The immunity granted under Section 79(1) of the Information Technology Act, 2000 (“the Act”) to intermediaries, commonly referred to a ‘safe harbour provision’, is not absolute. Non-compliance with an order under Section 69A is one such instance when the immunity erodes.
Section 69A empowers the government to issue directions to government agencies or intermediaries to block public access to any information generated, transmitted, received, stored or hosted in any computer resource, if it falls under any of the grounds of concern mentioned in Section 69A itself (discussed below in detail).Continue Reading The Twitter Verdict: Examining The Efficacy Of Section 69a In The Background Of Karnataka High Court’s Latest Decision
The term ‘compensation’ has been legally defined by the Hon’ble Supreme Court to be a return for loss or damage sustained. The Court expressly states that compensation must always be just, and not based on a whim or arbitrary.
Environmental compensation refers to payment of monetary reparation by industries, imposed by authorities and judicial bodies for violating environmental rules and regulations. The imposition of environmental compensation on industry finds its basis in the key environmental law principle of ‘Polluter Pays.’ The Polluter Pays Principle, simply put, makes the offending industry responsible for the damage caused to the environment and to human health. In the 1990s, the Hon’ble Supreme Court of India began relying heavily on this principle to order industries to pay environmental compensation for breach of environmental regulations. Continue Reading What is the Cost of Environmental Breaches? A Look at the Evolving Jurisprudence of Environmental Compensation