BALCO TO MANKATSU IMPLEX: The changing narrative of Apex court

After the LPG policy as initiated by the government in 1991, there was a sudden rise in the Foreign Direct Investments (FDIs), which fuelled the development and establishment of various MNC’s in India and had a positive impact on the economy of the country. However, this sudden change also gave rise to the demand for faster and more efficient legal disposition system in India, resulting … Continue reading BALCO TO MANKATSU IMPLEX: The changing narrative of Apex court

Foreign Seated Emergency Arbitrator: The Enforceability Dilemma

Introduction The ICC Arbitration Rules provide for a procedure to the parties that want to seek an urgent temporary relief and are unable to wait for the constitution of Arbitral Tribunal. Uncertainty regarding the enforceability of such temporary relief in national courts has posed a serious problem and the same has come to the Supreme Court, directly or indirectly in plethora of cases, but the … Continue reading Foreign Seated Emergency Arbitrator: The Enforceability Dilemma

Is the Court overlooking an Arbitration Proceeding competent to Adjudicate dispute arising out of the Arbitration agreement?

Shantanu Lakhotia of Jindal Global Law School writes on the competency of a court to adjudicate a dispute arising out of the arbitration agreement if the same court is overlooking the proceedings. Continue reading Is the Court overlooking an Arbitration Proceeding competent to Adjudicate dispute arising out of the Arbitration agreement?