"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Thursday, January 25, 2018

Challenging Interim/ Partial Arbitral Awards in India: Recent Developments

On 23.01.2018, the Supreme Court of India delivered a judgement in the case of Indian Farmers Fertilizers Co-operative Ltd. v. Bhadra Products. The decision is significant because it clarifies the difference between an Interim Award on limitation and a decision on a challenge to the tribunal's jurisdiction. Both these determinations have different legal consequences. An Interim Award (partial award) dismissing an objection on limitation is an Interim Award which can be challenged under Section 34 of the Arbitration and Conciliation Act, 1996 soon after it is issued, while a determination dismissing jurisdictional objections can be challenged only after the award is passed [S. 16(6)]. 

This presentation (11 slides) provides a descriptive overview of the judgement and critically evaluates the judgement.

[Added after posting: Also see, this post in Bar & Bench which provided a descriptive comment of the decision soon after it was published]

4 comments:

jayavel said...

The god shall shower all blessings on you sir, you just send the matter when and how I needed

Badrinath Srinivasan said...

Thank you for the kind words sir.

Unknown said...

Wish to share your expertise on a specific partial arbitration award. Kindly share your email address at arunsingh911@gmail.com

Badrinath Srinivasan said...

You could write to me at lawbadri@gmail.com