Supreme Court of India: Whether The Arbitral Process Could Be Interfered Under Original And Supervisory Jurisdiction Of High Courts For Arbitration Under Special Enactments?

In India, arbitration is a prescribed mode of dispute resolution under certain special enactments concerning public works contract. One such State legislation is the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992. In this post, I will analyze the scope of High Court’s interference while exercising its original and supervisory jurisdiction in arbitration process…

Supreme Court of India: Whether The Arbitration Agreement Incorporated In An Unstamped Work Order Is Legally Enforceable And Whether A Fraudulent Invocation Of A Bank Guarantee Is An Arbitrable Dispute?

Consider a situation where a party is granted some work under a work order which in turn obligates such party to furnish a Bank Guarantee for securing the performance of work. However, what will happen in a situation where no work is assigned to such party? Whether such Bank Guarantee can then be encashed even…

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 an award deciding the issue of limitation is an interim award, and whether such interim award can then be set aside under the permissible grounds to set aside an award

In the case of M/s. Indian Farmers Fertilizer Co-Operative Ltd. Vs. M/s. Bhadra Products [Civil Appeal No. 824 of 2018 arising out of SLP (C) No.19771 of 2017 dated January 23, 2018], the Supreme Court of India while addressing the issue of whether an award delivered by an Arbitrator, which decides the issue of limitation,…

Delhi High Court: Whether there is a threshold bar or inherent lack of jurisdiction with Indian courts to deal with BIT arbitrations; Whether the BIT arbitrations and suits relating to BIT arbitrations are governed by private international law or any other system of law including domestic law?

In the recent case of Union of India vs Vodafone Group Plc United Kingdom & Anr (CS(OS) 383/2017 & I.A.No.9460/2017, Date of Decision:  07th  May, 2018), the Delhi High Court dealt with a dispute arising out of Bilateral Investment Treaties. The case involves various crucial aspects of Indian law on jurisdiction of national courts, private…