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…