Payal Chawla & Hina Shaheen This article first appeared in Bar and Bench on 06.06.2019 at 10:12am The jurisprudence on enforcement of awards under Section 36 of the Arbitration and Conciliation Act, 1996 (‘the 1996 Act’) has recently undergone a change. Last year, in the matter of Sundaram Finance Ltd. v. Abdul Samad & Anr, a…
Meenakshi Arora & Payal Chawla This article was first published in the Indian Express in the print edition on 02.05.2019 and Bar and Bench on 03.05.2019 As the world watched with horror the appointment of Brett Kavanaugh to the US Supreme Court, in the face of accusations of sexual assault by the credible and poised…
(01.09.1938-19.02.2019) Some years ago, my father— true to his style — summoned me and said: “you, young lady, will deliver my eulogy.” Half in jest and partly trying to lighten the mood, I joked, “Daddy, – it’s because I write so well, na?”. “Well – it is not bad. You are given 7 on 10…
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…