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

In defence of Indus Mobile v. Datawind Innovations and Doctrine of Ouster

Payal Chawla Last year, the decision in the matter of Indus Mobile Distribution Pvt. Ltd v. Datawind Innovations Pvt. Ltd. [(2017) 7 SCC 678] was delivered by the Supreme Court. This decision was welcomed from the perspective of bringing quietus to the jurisdiction issue in domestic arbitration, and yet at the same time, criticized inter alia for being in the… Continue reading In defence of Indus Mobile v. Datawind Innovations and Doctrine of Ouster