Payal Chawla & Hina Shaheen This article was first published in Bar and Bench on : 27 Dec, 2019 , 11:17 am In TRF Limited v. Energo Engineering Projects Ltd. [(2017) 8 SCC 377], a three-judge bench of the Supreme Court had, to our mind, decisively ruled against unilateral appointments of arbitrators. However, the Delhi High Court had…
DetailsPayal Chawla This article was first published in Bar and Bench on 25 Nov, 2019, 10:10 am The validity of unilateral arbitration clauses remains a vexed issue worldwide and is the subject of nigh ubiquitous jurisprudential discourse. Jurisdictions such as the United Kingdom, United States, and Singapore generally uphold unilateral clauses with certain riders. Indian…
DetailsHonorable Justice Dr. Justice D. Y. Chandrachud, Tom Ginsburg, and Arvind Datar in conversation with Payal Chawla Tom Ginzburg and Aziz Haq are the authors of the book – ‘How to save a Constitutional Democracy’
DetailsSushma Swaraj belonged to all of us, she leaves behind a lasting legacy. Meenakshi Arora & Payal Chawla Every once in a generation, there comes a leader who provides a beacon of hope. For our generation that leader was Sushma Swaraj. As women lawyers, her journey was so personally inspiring to us. But the truth is…
DetailsPayal 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…
DetailsMeenakshi 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…
Details(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…
DetailsPayal 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…
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