We Women Want – “Normalising abuse and toxicity in relationships”
copyright Newsx 17.12.2022
Modification of Awards – Is Section 34(4) the answer?
Payal Chawla & Hina Shaheen[i] In NHAI v. M. Hakeem [(2021) 9 SCC 1] the Supreme Court held that courts had no power to modify an arbitral award. The Court rightly observed that the Arbitration and Conciliation Act, 1996 (“ACA”) does not confer courts with the power to modify arbitral awards, and doing so will…
Arbitrability of fraud- Has Ayyasamy been (implicitly) overruled?
There have been some significant judgements on the arbitrability of fraud recently i.e. – Rashid Raza v Sadaf Akhtar, Avitel Post Studioz Limited v. HSBC Pi Holdings (Mauritius) Limited and Deccan Paper Mills Co. Ltd. v. Regency Mahavir Properties (“Triad Judgements”). While these stopped short of explicitly overruling A. Ayyasamy v A. Paramasivam, I argue that in fact Ayyasamy is implicitly overruled, and is no longer good law, in the wake of the observations in the Triad Judgments. In my view, fraud…
How does an arbitral tribunal enforce payment of its fees?
If a party fails or refuses to pay the fees of an arbitral tribunal, several options are available to the tribunal to enforce the payment of its fees. For instance, an “arbitral tribunal has the discretion to apportion the costs (including arbitrators’ fees and expenses) between the parties in terms of section 31(8) and section…
Marital Rape: Could we all have got it wrong?
The Delhi High Court recently delivered a split verdict on the legality of marital rape. The constitutional validity of the Marital Rape Exception (MRE) embodied in Section 375 of the Indian Penal Code, 1860 (IPC) was under challenge before the Delhi High Court, in the matter of RIT Foundation & others v. Union of India.…
Discussion with Gen Z on the Future of Motherhood
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