[This is a Guest Post by Mansi Sood, who is a Delhi-based lawyer.] In the past year, a series of judgments by the Delhi High Court have chalked out the contours of S.34(3) of the 1996 Act in the context of non-est filings. While their pro-arbitration stance is exemplary, their inconsistency and over-enthusiastic intervention undermine anyContinue reading “Section 34(3) and Non-est Filings: Finding the Middle Ground”
Tag Archives: Arbitration
Enforcement of Foreign Awards: Two Steps Forward, One Step Back?
[This is a Guest Post by Kaustav Saha, who is a Delhi-based lawyer.] This post will examine the Supreme Court’s most recent interpretation of the public policy exception to enforcement of foreign awards in National Agricultural Cooperative Marketing Federation of India v. Alimenta S.A. (‘NAFED’).It is submitted that the court’s application of the public policyContinue reading “Enforcement of Foreign Awards: Two Steps Forward, One Step Back?”
Proper Law of Arbitration Agreement: The Indian Position
In the previous post, I had discussed the three systems of law that govern an international arbitration and the English Court of Appeal’s landmark decision in Enka v. Chubb, which held that there is a “strong presumption” that parties have impliedly chosen the curial law as the AA law. In this post, I examine theContinue reading “Proper Law of Arbitration Agreement: The Indian Position”
BGS SGS SOMA JV v. NHPC Ltd. and the Internationalization of Domestic Arbitration
The significance of ‘seat’ and ‘venue’ of arbitration has been a much-debated issue under Indian law and in the past decade, the Supreme Court has had multiple occasions to propound the significance of these two concepts. Much of the discussion has been in the context of international commercial arbitrations. The most recent in this lineContinue reading “BGS SGS SOMA JV v. NHPC Ltd. and the Internationalization of Domestic Arbitration”
A Blog on Indian Private Law 