Indian arbitration is on a slow road to death, like much around us. As we struggle to grasp the enormity of the unfolding human tragedy, there is no mind-space, even to spare a thought to the monetary calamity set to befall us. The economy will require many measures for its revival in the time to… Continue reading Indian arbitration on a slow road to death
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
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
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?
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
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
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.
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