Enforcement of Foreign Emergency Awards during COVID-19 in India

We all have heard Mr Gary Born speaking as a President of Singapore International Arbitration Centre (‘SIAC’) in his fabulous webinar “An Evening with SIAC Court President” that SIAC has recently attended atleast 2 emergency arbitration in the times of COVID-19. However, the biggest question, besides the looming uncertainty on the recognition of emergency arbitration…

Filter(s) Under Section 11(6A) Of The Arbitration Act: Is It ‘Existence’ And ‘Validity’ Both Or Is It Just Confined To ‘Existence’ Of Arbitration Agreement Only?

The Arbitration & Conciliation Amendment Act, 2015 (‘2015 Amendment Act’) brought about a significant change in the process of appointment of arbitrators under Section 11 of the Arbitration & Conciliation Act, 1996 (‘1996 Act’). Out of the others, the relevant changes for the purpose of present issue were as follows: The default power of appointment…

Supreme Court of India: Whether the Fee Arrangement Agreed Between the Parties Prevails Over the Fee Schedule provided under the Arbitration Act?

In Gammon Engineers and Contractor Pvt Ltd v. National Highways Authority of India decided on 10 July 2019, the Supreme Court addressed the issue of whether the arbitrator’s Fee Schedule (Fourth Schedule) provided under the Arbitration and Conciliation Act, 1996 (as amended in 2015) (‘Act’) will override the fee arrangement agreed between the parties under…

Supreme Court of India: Challenge To The Domestic Arbitral Award On The Grounds Of Contravention Of Fundamental Policy Of Indian Law, Conflict With Most Basic Notions Of Justice & Patent Illegality As Added By The Arbitration Amendment Act, 2015 Can Only Be Made Prospectively

In Ssangyong Engineering & Construction Co. Ltd. v. National Highways Authority of India (NHAI) 2019 SCC OnLine SC 677, the Supreme Court elucidated and interpreted the grounds for setting aside an award when the party was unable to present its case under Section 34(2)(a)(iii) of the Arbitration & Conciliation Act, 1996 (‘Act’), when arbitral award…

Supreme Court of India: Whether The Court While Considering An Application For The Appointment of An Arbitrator Needs To First Impound An Unstamped Instrument Containing The Arbitration Clause And Ensure That Stamp Duty Is Paid Before Appointing The Arbitrator?

As per the law settled by the Supreme Court of India in SMS Tea Estates (P) Ltd. v. Chandmari Tea Co. (P) Ltd., (2011) 14 SCC 66, where an arbitration clause is contained in an unstamped agreement, the provisions of the Indian Stamp Act, 1899 (Indian Stamp Act) requires the Judge hearing the application for…

Supreme Court of India: whether reference to arbitration can be refused on the ground of allegations of fraud or it should be granted treating contract between the parties as commercial undertaking “with a sense of business efficacy”

  In a recent case of Ameet Lalchand Shah vs Rishabh Enterprises decided on 3 May, 2018 (Civil Appeal no. 4690 of 2018 (arising out of SLP(C) No.16789 of 2017)), the Supreme Court of India addressed the issue of whether reference of the dispute between the parties to arbitration is to be refused on the…