Dispute Resolution

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Introduction

The Supreme Court of India (“SC”) in its landmark decision in Arif Azim Co. Ltd. v. Micromax Informatics FZE[1] (“Arif Azim”)[2] has once again reiterated the distinction between ‘seat’ and ‘venue’ in an arbitration agreement and its jurisdictional implication. The judgment addresses the contentious issue of whether a location designated in an arbitration agreement serves merely as ‘venue’ (a place where proceedings may occur) or as juridical ‘seat’ (which grants a court jurisdictional oversight). This distinction has immense implications, especially for cross-border commercial agreements, where different interpretations can lead to divergent legal outcomes.Continue Reading Decoding Supreme Court’s Landmark Decision on ‘Seat’ vs. ‘Venue’ in Arbitration

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

Ripple Effect of Sanctions: How US Measures against Russia affect Indian Businesses

Background

The ongoing tensions surrounding the Russia-Ukraine conflict have led to significant geopolitical shifts, particularly in the realm of international sanctions. In response to Russia’s military invasion of Ukraine, the United States (U.S.) had implemented a series of sanctions to curtail Russian influence and capabilities. A pivotal moment in this effort was the issuance of Executive Order 14024 (“EO 14024”) on April 15, 2021, by President Joe Biden.Continue Reading Ripple Effect of Sanctions: How US Measures against Russia affect Indian Businesses

Simultaneous IBC Proceedings against Corporate Debtor and Corporate Guarantor: Critical Takeaways from BRS Ventures Case

The legal landscape governing insolvency resolution in India has undergone significant transformation since the advent of the Insolvency and Bankruptcy Code, 2016 (“IBC”). One of the contentious issues in this evolving framework is whether simultaneous insolvency proceedings can be initiated against both the corporate debtor and its corporate guarantor for the same debt. The recent Supreme Court judgment in BRS Ventures Investments Ltd. v. SREI Infrastructure Finance Ltd. (2024 INSC 548) offers clarity on the treatment of such proceedings and reinforces key principles governing the relationship between creditors, debtors, and guarantors.Continue Reading Simultaneous IBC Proceedings against Corporate Debtor and Corporate Guarantor: Critical Takeaways from BRS Ventures Case

Proving default: IU reports not the be-all and end-all

As per the scheme of the Insolvency and Bankruptcy Code, 2016 (“Code”), an application for initiation of corporate initiation resolution process (“CIRP”) can be filed by the debtor itself or by a financial or operational creditor. The Code provides for filing of record of default recorded with the Information Utility (“IU”) as evidence of default, along with other specified documents.Continue Reading Proving default: IU reports not the be-all and end-all  

When Further Investigation Under Section 173(8) CRPC is Impermissible

OVERVIEW

A criminal trial is nearing its conclusion. The evidence has been led, and witnesses examined and cross examined. Only the final arguments remain. Yet, for “the pursuit of truth”, would a “further investigation” be permissible at such a belated stage? In several judgments, the Hon’ble Supreme Court has answered this question in the affirmative, subject to there being compelling facts justifying such an extraordinary measure.Continue Reading When Further Investigation Under Section 173(8) CRPC is Impermissible

Unlocking Arbitration Clauses: Incorporation by reference in digital contracts

Introduction

The question of incorporation of arbitration clauses referred to in another document has been a bone of contention between parties, in view of the absence of statutory guidance under Section 7 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”). Although the principle of incorporating an arbitration clause, referred to in another document is a well-established principle in arbitral jurisprudence,[1] Section 7(5) only provides that the reference should be “such as to make that arbitration clause part of the contract”. Hence, it has been left to the courts to determine the conditions that need to be satisfied for the same.Continue Reading Unlocking Arbitration Clauses: Incorporation by reference in digital contracts

Rohan Builders Judgment: A Watershed Moment in Indian Arbitration Law

The Supreme Court’s (“SC”) recent[1]interpretation of the intent and scope of Section 29A of the Arbitration and Conciliation Act, 1996 (“Act” or “Arbitration Act”) has sent ripples through the Indian arbitration landscape. In this landmark verdict, Justices Sanjiv Khanna and R. Mahadevan have provided much-needed clarity and guidance on the extension of time limits for arbitral awards beyond the stipulated timeframe under Section 29A of the Act.Continue Reading Rohan Builders Judgment: A Watershed Moment in Indian Arbitration Law

Novation of Contract and Section 11 Of the Arbitration and Conciliation Act, 1996

The doctrine of severability dictates that the arbitration clause (arbitration agreement) is deemed to be separate or independent from the overarching contract. Therefore, even when a contract’s legality is challenged, the arbitration agreement remains unaffected. However, the novation of a contract, by way of a supplemental/amended agreement, raises an interesting question regarding the validity of the arbitration clause in the original agreement entered into between the parties, which resultantly stands amended or superseded.  The issue about the extent to which the courts can intervene to determine this also requires judicial consideration.Continue Reading Novation of Contract and Section 11 Of the Arbitration and Conciliation Act, 1996

The Evolving Landscape of Pre-Reference Interest in Indian Arbitration Regime

The recent ruling by the Supreme Court of India in Pam Developments Private Limited v. The State of West Bengal & Anr.[1] has reignited discussions on awarding pre-reference interest in arbitration proceedings. The case had arisen from a dispute over delays in a road construction project. Marking a significant development in the evolution of the Indian arbitration law, particularly on granting interest, the Court upheld the arbitrator’s authority to award interest on the awarded sum from the date of the cause of action until the date of the award, even when the contract was silent on the matter. While analysing the Pam Developments case, this blog delves into the nuances of pre-reference interest in light of the existing legal framework and relevant jurisprudence.Continue Reading The Evolving Landscape of Pre-Reference Interest in Indian Arbitration Regime