Photo of Vikash Kumar Jha

Vikash Kumar Jha

Vikash has over 13 years of experience and focuses on commercial litigation before various forums including Supreme Court, High Courts, NCLAT, NCLT, PMLA, Trial Court etc. He also has extensive experience in arbitration and court proceedings arising out thereof. He has done practice in trial courts and has a fair amount of experience in original side practice. He is a qualified AOR, Supreme Court. He can be reached at vikashkumar.jha@cyrilshroff.com

CONUNDRUM SURROUNDING SECTION 42 OF ARBITRATION AND CONCILIATION ACT, 1996

INTRODUCTION

India’s arbitration law is thorough and organic because of its ever-evolving nature, through several amendments and decisions of the courts from time to time. However, the strict wordings of certain provisions contained in the Arbitration and Conciliation Act, 1996 (“Arbitration Act”),have caused a stir, for which courts have had to step in and use the tools of interpretation to resolve such practical dilemmas. Continue Reading Conundrum Surrounding Section 42 of Arbitration and Conciliation Act, 1996

Arbitral clause contemplating ambiguous pre-deposit condition is violative of Article 14: Supreme Court holds in a Section 11(6) application

Introduction

The Hon’ble Supreme Court, vide its recent judgment in Lombardi Engineering Ltd. v. State of Uttarakhand[1] adjudicated inter alia upon whether, when deciding an application under Section 11(6) of Arbitration and Conciliation Act, 1996[2] (“1996 Act”), for appointment of a sole arbitrator, the validity of a pre-deposit condition can be looked into on the anvil of Article 14 of the Constitution of India?Continue Reading Arbitral clause contemplating ambiguous pre-deposit condition is violative of Article 14: Supreme Court holds in a Section 11(6) application