"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.

Monday, January 2, 2012

Arbitration in the Supreme Court of India: 2011

In this post, we list out the most noteworthy judgements of the Supreme Court of India on arbitration in 2011. We’ll list out each judgement and give links to descriptive comments/ critique on each of the cases.

Question: When does the limitation period prescribed in Section 34(3) start running?
Comments: Practical Academic (descriptive)

Question: Arbitrability of actions in rem.
Comments: Vinod Kothari (on how the judgement affects the asset recovery market- don’t miss this one- critique); MyLaw (descriptive & critique); Lex Arbitri (descriptive); Nishith Desai & Associates- Dispute Resolution Hotline (descriptive); Indian Corporate Law (descriptive); Practical Academic in Two Parts- Part I & Part II (descriptive);

Issues: Exercise of powers under Article 226 in contractual matters despite arbitration agreement
Comments: Indian Corporate Law (descriptive); Money Control (descriptive); Lex Arbitri (descriptive); Nishith Desai Hotline (descriptive); Practical Academic (critique)

Issues: Exclusion of Part I & Transfer of Seat
Comments: Sumit Rai [(2011) 14 Int Arb L Rev      ] (descriptive & critique); Indian Corporate Law (descriptive); Lex Arbitri (descriptive & critique); Practice Source- Kluwer Law International (descriptive); Practical Academic (Part I, Part II & Part III) (descriptive & Critique)

Issues: Whether it is necessary to raise counter-claims in proceedings under Section 11 to entitle the Respondent to raise them in the arbitraiton?
Comments: Indian Corporate Law (descriptive); MyLaw (descriptive); Nishith Desai Hotline (descriptive); Practical Academic (descriptive)

Issue: Maintenance of letters patent appeal in the absence of explicit right under the Act
Comments: Indian Corporate Law (descriptive)

Issues: Validity of unstamped and Unregistered Deeds containing arbitration clauses
Comments: International Law Office (descriptive); The In-House Lawyer (descriptive) Nishith Desai Hotline (descriptive); Indian Corporate Law (descriptive); Practical Academic (critique)

Issue: Allocation of the right to decide the question as to validity of an arbitration agreement alleged to have been vitiated by forgery or fabrication.  
Comments: Lex Arbitri (Critique); The Legal Blog (descriptive)

Issue: Implied Exclusion of Part I of the Act           
Comments: Indian Corporate Law (descriptive & critique) Practical Academic (Part I, Part II); Practical Academic (descriptive) (on Yograj II)

Issue: Whether enforcement of the foreign award would contravene public policy of India as per Section 48(2)(b) of the Act?
Comments: Lex Arbitri (critique) CIS Arbitration Forum (critique); Practical Academic (descriptive & critique)

Issue: Consolidation of arbitration
Comments: Indian Corporate Law (critique); Lex Arbitri (descriptive); Practical Academic (descriptive)

In case we have missed out on any case, please let us know.

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