Vaibhav Niti

Nortel Network’s case: Need to further amend Section 11 of the Arbitration Act

April 12, 2021

The Arbitration and Conciliation Act, 1996 (“the Arbitration Act”) provides for minimal judicial intervention. Perusal of various provisions like Sections 8, 9, 13, 16, 34, etc. would show that it provides a time period within which certain things are to be done. In other words, it deals with what can...

Determining ‘complex fraud’ and arbitrability of disputes

February 3, 2021

THERE has been a lot of debate on the issue whether in those cases where fraud has been alleged, disputes can be referred for arbitration when arbitration agreement exists between the parties. The question ultimately arise for consideration is whether the Court or the Arbitral Tribunal has the jurisdiction to...

Scope of judicial interference with arbitral awards: A journey from Renusagar’s case to Ssangyong’s case to the Ordinance 2020

December 4, 2020

INTRODUCTION On 04.11.2020, the Government of India passed the Arbitration and Conciliation (Amendment) Ordinance, 2020 (“Ordinance”) to amend the Arbitration and Conciliation Act, 1996 (“the Act of 1996”) with immediate effect. By the said Ordinance, the Court has been given the power to unconditionally stay the enforcement of the arbitral...

Determining ‘complex fraud’ and arbitrability of disputes

October 6, 2020

After the implementation of Act of 1996, the issue regarding arbitrability of disputes where allegations of fraud were raised, came up for consideration before the Supreme Court in N. Radhakrishnan v. Maestro Engineers (N. Radhakrishnan case) where, it relied heavily on Abdul Kadir’s case (which based its decision on Old...