High Court, England and Vales, Upholds Jurisdiction in Crypto-Asset TradingDispute Despite Arbitration Clause
A person named Mr.Chechetkin was interested in the world of crypto assets and trading. He was well aware of the potential risks and dangers, but he was confident in his knowledge and experience as a banking lawyer. He opened a “Pro” account on the Kraken platform and started trading. However, things did not go as […]
ICSID (International Centre for Settlement of Investment Disputes)Arbitration Does Not Qualify as a Foreign Tribunal under 28 U.S.C. § 1782:A U.S. District Court Decision
On October 27, 2022, the U.S. District Court for the Eastern District of New York in the Case of Alpene, Ltd. v. Republic of Malta has issued a decision in In re Application of Alpene, Ltd., No. 21 MC 2547. The case involved Alpene, Ltd., a Hong Kong corporation, who was seeking an order authorizing […]
New York Convention warrants the Court of Enforcement to independently determine the existence of an arbitration agreement, even if an arbitration panel in a foreign state has already rendered an award
The Jiangsu Beier Decoration Materials Co. Ltd. v. Angle World LLC case highlights the importance of an enforceable arbitration agreement under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”). The case also highlights the requirement for a court to independently determine the existence of an agreement to arbitrate […]
Delhi High Court: Conciliation is Voluntary and Directory, Not a Mandatory PreRequisite for Arbitration
The Delhi High Court recently issued a ruling on the matter of M/s. Oasis Projects Ltd. vs. Managing Director, National Highway and Infrastructure Development Corporation Limited. The ruling sheds light on the nature of conciliation proceedings in the context of alternative dispute resolution (ADR) mechanisms. In this case, the main issue was whether it was […]
The Impact of Generative artificial Intelligence Tools on the Legal World
In 2023, the legal world is started to experience a revolution with the advent of commercially available generative artificial intelligence (AI) tools. These tools, powered by advanced models such as Open AI’s ChatGPT-3, significantly increased in sophistication and capability, thereby taking the legal world by storm. Although the current models have their limitations, the technology […]
Repetitive Appointment of Arbitrators: The Impact on Arbitration in India and U.K
Arbitration is a popular form of alternative dispute resolution in India, with a well-established legal framework governing its practice. However, ensuring the independence and impartiality of arbitrators is crucial to the integrity of the arbitration process. In the case of HRD Corporation (Marcus Oil and Chemical Division) v. Gail (India) Limited, [(2018) 12 SCC 471] […]
Arbitrator Who Accepted Brief of Party’s Lawyer in Unrelated Matter, No Clash of Interest: Bombay High Court
The Bombay High Court recently issued a ruling on the appointment of an arbitrator in a dispute between Quess Corp and Net Core Cloud Pvt. Ltd. The petitioner, Quess Corp, sought to terminate the mandate of the Sole Arbitrator appointed by the court, alleging that the arbitrator had previously represented the counsel for the respondent […]
Filing Of Petition Under Section 34 Of The A&c Act Without Or In Anticipation Of Final Approval And Copy Of Impugned Award Is A Non-est Filing, Holds High Court Of Delhi [nhai V. Patel-knr (Jv), O.m.p.(Comm) 416 Of 2018]
Background: Objections To The Maintainability Of The Petition: Analysis By The Court Conclusion
Supreme Court Of India Upholds Sarfaesi Act For Recovery Of Dues Over Msmed Act
The Supreme Court of India recently pronounced a landmark judgement in the case of Kotak Mahindra Bank Limited vs. Girnar Corrugators Pvt. Ltd. and Ors., [https://indiankanoon.org/doc/34834631/] wherein it held that the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) for recovery of dues payable to […]
Kerala High Court: Commercial Courts Does Not Have Jurisdiction To Execute Arbitral Awards And Upholds Jurisdiction Of District Court
The Kerala High Court recently clarified in M/S. Beta Exim Logistics (P) Ltd. V M/S. Central Railside Warehouse Co., Ltd. that the District Court has the jurisdiction to execute an arbitral award and the Commercial Court has not been conferred such jurisdiction under the Commercial Courts Act, 2015. The court relied on Shaji Augustine v. […]
Delhi High Court Appoints Former Sc Judge As Sole Arbitrator In Dispute Between Aditya Birla Finance And Essel Group: Analysis Of The Court’s Interpretation Of The Principle Of Related Party Arbitration
The High Court of Delhi has appointed former Supreme Court judge, Justice L Nageswara Rao, as the sole arbitrator in the case related to the dispute between Essel Corporate, Zee Enterprises, Siti Networks, and Aditya Birla Finance. This decision came after a petition was filed by Aditya Birla Finance alleging that Siti Networks had defaulted […]
