Designation of Seat is akin to Exclusive Jurisdiction

Payal Chawla In a welcome recent decision of Indus Mobile Distribution Pvt. Ltd. v. Datawind Innovations Pvt. Ltd. [(2017) 7 SCC 678], the Hon’ble Supreme Court provided the much-needed clarity on the juridical seat in relation to domestic arbitration. Brief facts of Indus Mobile: The appellant (Indus Mobile) and respondent No. 1 (Datawind Innovations) entered into a contract whereby… Continue reading Designation of Seat is akin to Exclusive Jurisdiction

Can non-signatories be compelled to arbitrate in Domestic Arbitrations?

Payal Chawla and Hina Shaheen This article was first published in Bar and Bench on 22.08.2017 On July 24, 2017, the Supreme Court, in the matter of Ameet Lal Chand v. Rishabh Enterprises [SLP (C) 16798/2017], was pleased to issue notice. The judgment in this matter is likely to have far reaching consequences. In addition to arbitrability… Continue reading Can non-signatories be compelled to arbitrate in Domestic Arbitrations?

The Arbitration Agreement – Keep it Simple!

Payal Chawla The purpose of arbitrating a dispute is to avoid a protracted court battle. But that purpose can oft be defeated, if the parties get caught in a dispute on the interpretation of the arbitration clause itself. Therefore, it is important to keep the arbitration clause simple, only incorporating essential aspects. An example of… Continue reading The Arbitration Agreement – Keep it Simple!

Two Tier Arbitrations: Unanswered questions

Payal Chawla This article was first published in Bar and Bench on 15.06.2017 The much awaited decision of the three judge bench in relation to two-tier arbitrations in the matter of M/s Centrotrade Minerals & Metal Inc. v. Hindustan Copper Ltd. was delivered on 15.12.2016. The Supreme Court framed two issues, but answered only one.  On… Continue reading Two Tier Arbitrations: Unanswered questions

Public Policy And The Wednesbury Principle: The Post-Amendment Need For Clarity

Payal Chawla This article was first published in Corporate LiveWire Magazine on 09.01.2017 Under the (Indian) Arbitration & Conciliation Act, 1996, there are essentially three types of arbitrations: purely domestic arbitrations (where both parties are Indian and the arbitration is held in India); International Commercial Arbitration or ICA (where at least one of the parties… Continue reading Public Policy And The Wednesbury Principle: The Post-Amendment Need For Clarity

Protections for White Collar Workers

Payal Chawla It is about time that India shows its white-collar workers some tender loving care. Legally, that is. Contrary to popular belief, millions of corporate managers are vulnerable to exploitation and abuse. The reason: there aren’t any labour legislations protecting them. A manager’s legal relationship with the employer is governed largely by his or… Continue reading Protections for White Collar Workers