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Prerona Banerjee (Khaitan & Co)
Can You Have Your Cake and Eat It Too? Unilateral Appointments in Indian Arbitration
August 11, 2021

This blog has previously discussed the illegality of unilateral appointments of sole arbitrators in India. However, a good beginning is only half the battle won.  Before one dwells further, it is…

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Kshama A. Loya, Vyapak Desai (Nishith Desai Associates)
The Cairn Energy v. India Saga: A Case of Retrospective Tax and Sovereign Resistance against Investor State Awards
July 02, 2021

In the last decade, fifteen cases have been filed by foreign investors against India under various bilateral investment treaties (BITs).  Of these, three major cases were spurred by the ill-reputed…

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Anjali Anchayil (JSA, Advocates & Solicitors), Tamoghna Goswami (J. Sagar Associates)
Two’s Company, Three’s A Crowd: Revisiting the Group of Companies Doctrine
June 24, 2021

The use of the group of companies doctrine in India to join non-signatories to an arbitration is an interesting but underexplored topic. First, since its adoption in 2012, Indian courts have either…

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Ashish Dholakia, Ketan Gaur, Kaustub Narendran (Trilegal)
India’s Arbitration And Conciliation (Amendment) Act, 2021: A Wolf In Sheep’s Clothing?
May 23, 2021

The Arbitration and Conciliation (Amendment Act), 2021 (“2021 Amendment”) is the most recent intervention in, what appears to be, the Indian Parliament’s endless attempts to tinker with the scheme…

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Shaneen Parikh, Surya Karan Sambyal (Cyril Amarchand Mangaldas), Shalaka Patil
Party Autonomy Reigns Supreme: The Indian Supreme Court Rules that Two Indian Parties Can Choose a Foreign Seat of Arbitration
May 19, 2021

In a landmark ruling in PASL Wind Solutions Private Limited v. GE Power Conversion,  India’s Supreme Court rejected the argument that the designation of a foreign seat between two Indian parties…

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Pallav Mongia, Shaurya Dhoundiyal (Pallav Mongia Law Chambers )
Is The Remedy Under Section 9 of India’s Arbitration and Conciliation Act, 1996 Available Post-Award to the Losing Party?
April 19, 2021

Similar to Article 9 of the UNCITRAL Model Law (the “Model Law”), Section 9 of India’s Arbitration and Conciliation Act, 1996 (“the Act”) entitles the parties to arbitration proceedings to obtain…

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Abayomi Okubote (Africa Arbitration Academy )
On the Far End of the Trail of Tears was a Promise: Africa and Traditional Knowledge Protection
April 18, 2021

Many will recall the historic ruling of Justice Neil Gorsuch in McGirt v. Oklahoma (2020), where the United States Supreme Court upheld an 1866 treaty between the United States and the Muscogee (…

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Varun Kasthuri (Gujarat National Law University)
The Anomalous Case of Sections 8 and 11 of India’s Arbitration and Conciliation Act, 1996
April 15, 2021

In a March 2021 decision, Pravin Electricals Pvt. Ltd. v. Galaxy Infra and Engineering Pvt. Ltd. (“Pravin Electricals”), a three-judge bench of the Supreme Court (the “Court”) shed light on an “…

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Karan Rukhana (Chambers of Darius Khambata, SC)
Does Separability Salvage an Arbitration Agreement Contained in an Unstamped Document under Indian Law?
April 07, 2021

Section 35 of the Indian Stamp Act, 1899, which is similar to Section 14(4) of the English Stamp Act, 1891, provides that, any instrument executed within the country that is unstamped or inadequately…

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Simon Weber (King's College London)
What Happened To Investment Arbitration In India?
March 27, 2021

On 20 February 2021, the King’s Forum on IDR and Triumvir Law organised a virtual fireside chat with Mr. Salman Khurshid (former Indian Minister of Foreign Affairs) and Dr. Aniruddha Rajput (India’s…

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