Unilateral Appointments – Two steps forward and one step backwards

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… Continue reading Unilateral Appointments – Two steps forward and one step backwards

The validity of Mandatory Arbitration Clauses in unequal Contracting Relationships

Payal 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… Continue reading The validity of Mandatory Arbitration Clauses in unequal Contracting Relationships

Enforcement of Arbitral Awards transcends all territorial barriers?

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… Continue reading Enforcement of Arbitral Awards transcends all territorial barriers?

India Losing its Domestic Arbitration – Urgent Need for Legislative Amendment

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… Continue reading India Losing its Domestic Arbitration – Urgent Need for Legislative Amendment

Determination of the lex: An opportunity lost

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… Continue reading Determination of the lex: An opportunity lost

India’s arbitral dreams – the push inwards.

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… Continue reading India’s arbitral dreams – the push inwards.

Seat of Arbitration and its communion to lex – larger bench to decide

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… Continue reading Seat of Arbitration and its communion to lex – larger bench to decide