The article analyses the key benefits of the temporary law passed by Singapore for granting interim reliefs to parties whose contractual obligations are affected by COVID-19 related events. Introduction In this article, I look at the key benefits of the temporary law passed by Singapore for granting interim reliefs to parties whose contractual obligations are […]

The Supreme Court in Voestalpine Schienen GmbH v. Delhi Metro Rail Corporation Ltd., (2017) 4 SCC 665, dealt with the question whether a panel of arbitrators maintained by one of the parties, as per the arbitration clause, is valid under Section 12(5) of the Arbitration and Conciliation Act, 1996 (the Act). In this case, DMRC […]

The Supreme Court in Garware Wall Ropes Ltd. v. Coastal Marine Constructions & Engineering Ltd., 2019 SCC Online SC 515 has held that if an arbitration agreement is not sufficiently stamped, the arbitration agreement cannot be said to be in “existence”, and, therefore, an arbitrator cannot be appointed under Section 11 of the Arbitration and […]

When an arbitral award is set aside by court under Section 34 of Arbitration and Conciliation Act, 1996 (A&C Act), and there is a fresh arbitration, does it really start afresh? Would doctrine of res judicata or estoppel apply to the fresh arbitration? If yes, would the new tribunal be bound by any observations or […]

Section 15(2) of the Arbitration and Conciliation Act, 1996 specifies that in case the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced. This article explains that the rules applicable to the appointment of a substitute arbitrator are […]

(The following post is contributed by Ms Renu Gupta, Advocate) Arbitration clauses in most contracts with government corporations specify that in case of a dispute between the parties, an employee occupying a designated post of the corporation or some other person nominated by him, shall be the arbitrator. It is settled law that arbitration agreements […]

(In the following post, Ms. Renu Gupta, Advocate, discusses ways to avoid protracted section 11 litigation) There is much litigation in courts under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter, “A&C Act”), on appointment of arbitrators. Often, the party resisting the arbitration exploits all its might to stall the appointment of arbitrator, […]

(In the following post, Ms Renu Gupta, Advocate, discusses recent developments in Indian arbitration law) This post provides brief updates about some decisions of the Supreme Court of India in the year 2011 (this excludes cases which have already been discussed on this blog such as Yograj case here, and P.R Shah case here), which […]

(In the following post, Ms Renu Gupta, Advocate, considers the law on the power of an arbitral Tribunal to enforce its orders and punish for contempt) The more popular legal understanding is that the orders of an arbitrator are toothless since the arbitrator has no power to enforce them. Accordingly, intervention of a Court to […]