Articles

Enforcing Foreign Seated Emergency Awards in India: A Procedural Workaround by Mr. Ravitej Chilumuri (Partner, Khaitan & Co.), Ms. Mihika Jalan (Senior Associate, Khaitan & Co.), & Mr. Kunal Parekh (Associate, Khaitan & Co.)

The article discusses the concept of emergency arbitration, which allows parties to obtain urgent interim relief before an arbitral tribunal is formed. It highlights the significance of emergency arbitration in preserving assets and preventing delays, particularly when courts are not an immediate option. The article focuses on the enforceability of emergency arbitrator decisions in India, where there is ambiguity due to the lack of specific provisions in the Arbitration and Conciliation Act, 1996, and compares how such decisions are handled in domestic and international arbitration contexts.

Ex-Facie Time Barred Claims: Broadened Scope of Section 11 Resting on A Shaky Foundation by Mr. Rushil Anand (Associate, Archeus Law)

The article examines Section 11 of the Indian Arbitration Act, 1996, focusing on the legislative intent of Section 11(6A) to minimize judicial intervention by restricting it to the existence of an arbitration agreement. It critiques recent Supreme Court rulings, including Elfit Arabia v. Concept Hotel Barons Ltd., for expanding judicial scrutiny to time-barred claims, arguing that this undermines arbitral autonomy, conflicts with legislative objectives, and diverges from international arbitration practices.

From Doubt to Decision: Rethinking Bias in Challenge Proceedings by Mr. Anshuman Yadav & Mr. Hardik Aditya

The article explores the principles of natural justice, focusing on arbitrator neutrality under the Arbitration and Conciliation Act, 1996. It critiques the limited judicial intervention in bias challenges under Section 13 and highlights procedural flaws. The Expert Committee’s 2023 recommendation for immediate appellate recourse is analyzed alongside deficiencies in India’s arbitration framework.

Precision in Contractual Penumbra: Incorporation by Reference by Ms. Paridhi Gupta & Ms. Pari Chauhan

The article explores the Supreme Court’s decision in NBCC (India) Ltd. v. Zillion Infraprojects Pvt. Ltd., focusing on its implications for the incorporation of arbitration clauses by reference under Section 7(5) of the Arbitration Act. It delves into the nuanced principles of contract interpretation, particularly in multi-party, multi-document disputes, and underscores the importance of explicit and specific incorporation of arbitration agreements in commercial contracts.

Public Procurement Contract Guidelines: A Collaborative Med Arb Solution to Conflicts by Ms. Isha Katiyar & Mr. Mohak Chaudhary

The article examines India’s 2024 guidelines on dispute resolution in public procurement contracts, shifting focus from arbitration to mediation. It highlights challenges like potential court overload and investor concerns while proposing a positive ‘Med-Arb’ approach. Drawing on particular models, it advocates a unified framework merging mediation and arbitration for efficient, equitable resolutions.