November Arbitration Newsletter
S.P. Singla Constructions Private Limited V. Construction And Design Services, Uttar Pradesh Jal Nigam [ARB.P. 450/2021] FACTS: The parties had entered into a contract for the purpose of undertaking design, engineering, procurement and construction of a dedicated 4 lane corridor for old and differently-abled persons during Kumbh and Magh Mela in Allahabad across Ganga River. […]
A New Retrospective Taxation Claim Launched Against India
Earlyguard, a British subsidiary of the Japanese conglomerate Mitsui & Co, has commenced Arbitration against India, under the India-UK Bilateral Investment Treaty after the Indian tax authorities raised a retrospective tax claim of Rs 2,400-crore (US$342 million) on a transaction that took place back in the year 2007. The said transaction was over the […]
India Challenges the Cairn Arbitration Award
On December 21, 2020, the International Arbitral Tribunal in the case of Cairn Energy PLC and Cairn UK Holdings Limited v. The Republic of India, held that India had breached its obligations to Cairn under the 1994 UK-India Bilateral Investment Treaty, and awarded damages of US$1.2billion plus interest and costs, to Cairn.India filed an appeal […]
Non Payment of stamp duty on the commercial contract will not invalidate the arbitration agreement
In a significant development, Hon’ble Supreme Court has held that non- payment of stamp duty on the commercial contract will not invalidate the arbitration agreement. This judgment lays down various guidelines which courts and tribunals must follow while dealing with the objection qua non-stamping or insufficient stamping. Apart from this, there have been various other […]
Arbitration judgments passed by Indian courts in Nov and Dec 2020
In a significant development, Hon’ble Supreme Court had held that Landlord- tenant disputes under Transfer of Property Act are arbitrable. While it will be interesting to see how it will bear practical effects on the ongoing cases, it is a welcome development for landlords and tenants who earlier were precluded from resorting their disputes by […]
Newsletter on Arbitration (October 2020)
In the midst of pandemic, with easing of restrictions, Industries and Companies are trying to get back on the wagon. However, this has also given rise to trade disputes of diverse nature and complex character involving huge stakes. In this newsletter our endeavour is to highlight the recent updates in the branch of […]
New Rules for the Changed World
On 11th August 2020, the LCIA unveiled the long-awaited update to its Arbitration Rules (LCIA 2020 Rules). The LCIA 2020 Rules will become effective on 1 October 2020 and will apply to arbitrations commenced from that date onwards. They will supersede the 2014 edition of the LCIA Arbitration Rules. The LCIA 2020 Rules introduce number […]
Newsletter on Arbitration (June-July, 2020)
In a significant development, the Bombay High Court appointed arbitral tribunal awarded a compensation of ₹4814.67 Crore plus 10% interest from 2012 to Deccan Chargers in an arbitration against BCCI. While it is yet to be seen whether BCCI challenges the arbitral award but this award marks the end of the 8 years dispute which […]
Arbitration & COVID-19
The imposition of lockdown has significantly impacted the dispute resolution procedures. Arbitration is considered as more flexible dispute resolution procedure and hence the arbitral institutions across the globe have been operating and have issued guidelines with regard to virtual hearing and electronic filing of documents. In the domestic front, the Supreme Court extended the limitation […]
