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Anjali Anchayil (JSA, Advocates & Solicitors), Tamoghna Goswami (J. Sagar Associates)
Indian High Courts’ Supervisory Jurisdiction over Arbitral Tribunals’ Orders: A Damocles' Sword
March 17, 2022

India is witnessing a protracted corporate battle — fought before multiple courts and an India-seated SIAC arbitral tribunal — for control over one of its largest retail chains. This heavily…

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Piyush Prasad, Ashutosh Ray
2021 in Review: India Continues to Make Significant Strides
February 15, 2022

While the second wave of Covid-19 hit India harder in 2021 than in 2020, this did not hamper progression in the legal sphere. 2021 saw several notable arbitration-related developments including…

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Namrata Mayur Shah (Rashmikant and Partners) for HK45
Think Arbi: Has Technology Worsened the Conduct of Arbitrations?
December 23, 2021

In the 1970s, when my father left India to study abroad, trunk calls home were rare and expensive, requiring shouting into the phone. In 2020, we have all exasperatedly repeated “You’re on mute” and…

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Anjali Anchayil (JSA, Advocates & Solicitors), Tamoghna Goswami, Pratik Joshi (J. Sagar Associates)
In Word and Deed? The Indian Supreme Court’s Approach to Scrutiny of Awards
November 25, 2021

It is no secret that Indian courts have previously faced criticism over their excessive interference in arbitral awards. However, there has been a course-correction in recent years, through…

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Shalaka Patil
Emergency Award or Approaching Court for Interim Relief? – Has the Amazon Decision Made this a Question of Either One or the Other but Not Both?
November 08, 2021

 In August 2021, the Indian Supreme Court (‘Court’) in Amazon v. Future found an emergency award rendered in an arbitration seated in India (New Delhi) to be enforceable as if it were an interim…

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Ansh Desai (Gujarat National Law University)
Can Derivative Action Claims Be Arbitrated? Scenes From A Convoluted Indian Approach
October 07, 2021

There is no statutory provision that covers derivative actions by shareholders in India. However, the chapter on Prevention of Oppression and Mismanagement in the Companies Act, 2013 (“the Companies…

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Ashish Virmani
Rekindling the Debate on Enforcement of Foreign Seated Emergency Awards in India
October 03, 2021

Recently the Supreme Court of India in Amazon.com NV Investment Holdings Inc. v. Future Retail Ltd, (“Amazon v. Future”) took a progressive step by enforcing an emergency order/award rendered by an…

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Puneeth Ganapathy (Lakshmikumaran & Sridharan Attorneys)
Court Discretion in Indian Setting-aside Proceedings: Modification v. Doing “Complete Justice”
September 15, 2021

Proceedings for setting-aside arbitral awards in India have been the subject of controversy since time immemorial. Recent trends indicate that the tendency of courts to set-aside awards has been on…

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Aarohi Chaudhuri
The Antrix-Devas Dispute: Headed for a Third BIT Arbitration?
August 17, 2021

In May 2021, India’s National Company Law Tribunal (‘NCLT’) ordered the liquidation of Devas Multimedia (‘Devas’), on grounds of it having been incorporated for fraudulent purposes. This is the…

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Ketan Gaur, Kaustub Narendran (Trilegal)
No Immunity for You: Delhi Court Allows Enforcement of Award Against Afghanistan and Ethiopia
August 14, 2021

There has been much debate about immunity this last year. While, most were discussing concepts of “herd immunity” against the novel coronavirus, the Delhi High Court (Court) ventured into and…

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