Payal Chawla First published on Bar & Bench in 18.01.2018 and later in Mondaq on 03.01.2020 Of late, there has been the emergence of a disturbing trend whereby Indian contracting parties are choosing foreign jurisdictions to arbitrate their disputes. Resultantly, India is losing its larger domestic arbitrations, quite antithetical to the reasons for which the…
Payal Chawla This article was first published on Bar and Bench on 11.11.2018 The much-awaited decision in the matter of Union of India v. Hardy Exploration and Production (India) Inc. was delivered by a three-judge bench of the Supreme Court on September 25, 2018. Since I had written a three-part series on the (then) pending decision, I thought it…
Payal Chawla This article was first published the International Bar Association Newsletter on 01.10.2018 Delays within the Indian legal system are not unknown, so in order to address the issue of a more efficacious resolution of commercial disputes, the Indian government amended the Arbitration and Conciliation Act, 1996 (the ‘Indian Arbitration Act’) on 1 January…
Payal Chawla This article first appeared as three-part series on Bar and Bench on 09.09.2018, 10.09.2018 and 13.09.2018. On May 1, 2018, the Supreme Court referred the issue of manner of determination of a ‘seat’, when the ‘seat’ is not expressly agreed to by the parties, to a larger bench, in the matter of Union of…
The Arbitration and Conciliation (Amendment) Bill, 2018 recently received Cabinet approval. The proposed amendments are based on the recommendations of the High Level Committee set up by the Government under the Chairmanship of Justice B.N. Srikrishna, former judge of the Supreme Court of India. The amendments are certainly well thought out, and are geared towards…
Payal Chawla This article was first published in Bar and Bench on 06.06.2018 The one area that the judiciary and Government are remarkably aligned on – is ensuring that India becomes the next arbitral destination. The Supreme Court, in particular, seems to be working at this with a sense of urgency. From a perusal of…
Payal Chawla This article was first published on Bar and Bench on 30.04.2018 Section 27 of the Arbitration and Conciliation Act, 1996 (the Act) makes a provision for the arbitral tribunal to seek the assistance of the court in taking evidence. Such assistance can be sought by the tribunal on its own accord, or by…
Payal Chawla Last year, the decision in the matter of Indus Mobile Distribution Pvt. Ltd v. Datawind Innovations Pvt. Ltd. [(2017) 7 SCC 678] was delivered by the Supreme Court. This decision was welcomed from the perspective of bringing quietus to the jurisdiction issue in domestic arbitration, and yet at the same time, criticized inter alia for being in the…