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…
DetailsIf 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…
DetailsThe 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.…
DetailsSipping Thoughts Live @Sippingthoughts @sukirtigupta
DetailsIn the run-up to the repeal of the three farm laws, the debate has centred around the potential cost of MSP on the taxpayer. The numbers have ranged from “trillions of rupees” in the coming decade, to “Rs. 17 Lakh crores” to “Rs. 3.8 Lakh Crores” to “Rs. 1.4 Lakh Crores” to “Rs. 36 Thousand…
DetailsPayal Chawla No recovery of drugs was made from the person of Aryan Khan. There is no evidence of consumption. The entire case sought to be made out against Khan is on the basis of alleged WhatsApp chats. These are the facts, as we know them from publicly available information. In these circumstances Khan’s detention…
DetailsSexual intimacy is between consenting adults. An act without consent is an act of violence. Consent can be withdrawn at any stage. No means no. ‘No’ is not a ‘yes’. ‘Maybe’ is not a ‘yes’. Watch my insights on the meaning of sexual consent in conversation with Meeta Gutgutia of #SippingThoughts Sukirti (Suki) Gupta
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