Payal Chawla “Some how our youth have the habit of taking not-so desirable habits from the West. My request is that our youngsters must say – ‘This is my country. I want to work 70 hours a week’. This is exactly what the German and Japanese did after the Second World War.”. Mr. Narayana Murthy…
DetailsThe Government of India has recently constituted an expert body to review the Arbitration and Conciliation Act, 1996 and propose reforms. One important reform would be the statutory recognition of arbitrability of fraud and to put an end to the ambiguity surrounding the issue. In India, the arbitrability of fraud has been developed entirely by case law,…
DetailsThe power of courts to modify arbitral awards has been a subject of contention. It is important to settle this matter by enacting legislation that codifies the power of modification of awards. We argue that courts must have some discretion, i.e., residual power, to modify awards. Legislative intervention is necessary to bring clarity and consistency…
DetailsSeventeen years ago, we received a gift – a little boy so beautiful and wrinkled, he singularly threatened the anti-ageing industry. Coffee coloured, he came with a cough and so he was named – Coughee. A mix between a mini-pinscher and a pug, he was both ferocious and loving. Much as he loved us to…
DetailsPayal Chawla[1] Despite recent authoritative decisions including Associate Builders v. DDA[2] and Ssangyong Engineering and Construction Co. Ltd. v. National Highway Authority of India[3], the meaning, parameters and limits of the public policy doctrine remain shrouded in ambiguity. In fact, the anfractuous peregrination of the public policy doctrine continues. As you read further, you will notice that…
Detailscopyright Newsx 17.12.2022
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…
DetailsThere 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…
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