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…

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…

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…

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…