A win for aircraft lessors: Aer Lingus prevails against AAI in 27-year legal battle

A 27-year dispute finally ended when the Bombay High Court held that Aer Lingus, as aircraft owner, could not be saddled with airport charges run up by its insolvent lessee, East West Airlines. The Court not only cancelled a long-standing ₹2 crore bank guarantee but also ordered AAI to reimburse ₹9.6 million in guarantee costs and pay exemplary damages. The ruling re-affirms privity of contract, deters vexatious claims against lessors and strengthens confidence in aircraft leasing in India.

Third Party Funding in the Indian Arbitration Scenario

Third-Party Funding (TPF) is transforming access to justice in India, especially in arbitration. This article explores the evolution of TPF, its judicial recognition, and regulatory challenges. Highlighting key case laws, ethical considerations, and international perspectives, it emphasizes the need for a balanced regulatory framework to ensure fairness, transparency, and protection for all stakeholders. Discover how India can harness TPF while aligning with global best practices.

Maharashtra’s New Stamp Duty Ordinance 2024: A Game Changer for Arbitration

Introduction: Understanding Stamp Duty in the Context of Arbitration The Honorable Supreme Court of India on 13th December, 2023 in Re, Interplay Between Arbitration Agreements Under the Arbitration and Conciliation Act of 1996 and the Indian Stamp Act of 1899 overturning the prior judgment in NN Global Mercantile Private Limited v. Indo Unique Flame Limited addressed […]

INDIAN PERSPECTIVE ON DETENTION AND DEMURRAGE

A shipping transaction is a commercial contract among the shipper (exporter), carrier, and consignee (importer) to facilitate the cross-border sale and transfer of goods via international waters. When an exporter or owner of goods intends to transport those goods by sea, the carrier, typically a shipping line, issues a Bill of Lading (BOL) to the […]