IndusLaw

THE UNRESOLVED CONTROVERSY – CAN TWO INDIAN PARTIES CHOOSE FOREIGN SEATED ARBITRATION AND FOREIGN LAW TO RESOLVE THEIR DISPUTES?
LOMESH K. NIDUMURI, PARTNER, INDUSLAW, PUBLISHED ON MONDAQ.COM, JUNE, 2017

The question of whether two Indian parties can have a seat of arbitration outside India and choose foreign law to resolve disputes continues to remain a vexed issue. The Supreme Court recently had an opportunity to decide this controversy in the case of Sasan Power Ltd., v. North American Coal Corporation India Private Limited ("Sasan SC case").

Consistency can make India a global arbitration hub
Press Release by World Trade Centre, Mumbai, July 2016

Mumbai, July 16, 2016: While lauding the recent amendments to the Indian Arbitration and Conciliation Act 1996, prominent legal experts called on the government to clear many ambiguities that is often leading to conflicting judgments and delays.

Critical Analysis Of The Arbitration And Conciliation (Amendment) Act, 2015
Lomesh K. Nidumuri, Partner, INDUSLAW, PUBLISHED ON MONDAQ.COM, May, 2016

After much clamour, the Arbitration and Conciliation Act, 1996 ("Arbitration Act") finally stands amended. The Arbitration and Conciliation (Amendment) Act, 2015 ("Amendment Act"), which received the assent of the President of India on December 31, 2015 and deemed to have come into force on October 23, 2015, has proposed sweeping changes to the Arbitration Act.

Analysis Of The Commercial Courts, Commercial Division And Commercial Appellate Division Of High Courts Act, 2015
V. Srinivasa Raghavan, PARTNER, Avinaash Singh Gautama, PRINCIPAL ASSOCIATE and Trisha Raychaudhuri, Associate, INDUSLAW, PUBLISHED ON MONDAQ.COM, April, 2016

The efficiency of the legal system and the pace at which disputes are resolved by courts are very important factors in deciding the growth of investment and the overall economic and social development of a country. The inefficiency of our justice delivery system is well known and well documented. The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 ("Act") is an important step taken by the Government to expedite the justice delivery system at least as regards commercial disputes.

Amendments To India's Arbitration Act: An Analysis
Ran Chakrabarti, Partner, Lomesh K. Nidumuri, Partner, Ray Vikram Nath, Senior Associate and Avinaash Singh Gautama, Senior Associate, INDUSLAW, PUBLISHED ON MONDAQ.COM, DECEMBER, 2015.

Last month, the Government of India passed the Arbitration and Conciliation (Amendment) Ordinance, 2015 (the "Ordinance") amending the Indian Arbitration and Conciliation Act, 1996 (the "Act") with a view to generally restrict the courts from challenging an arbitration award. This article highlights the key provisions of the Ordinance and its likely effect on the dispute resolution landscape in India.

Arbitration In India – The Way Forward
Lomesh K. Nidumuri, INDUSLAW, PUBLISHED ON MONDAQ.COM, July 2015.

With an increase in cross border transactions and open economic policies acting as a catalyst, commercial disputes have been steadily rising. The Indian judiciary has been criticized for an interventionist approach in arbitration, particularly when it involves a foreign party

The Litigation and Dispute Resolution Workshop
Mayer Brown and IndusLaw presented ‘The Litigation and Dispute Resolution Workshop’ organised by IDEX LEGAL on 29 April 2015.

Mayer Brown and IndusLaw presented ‘The Litigation and Dispute Resolution Workshop’ organised by IDEX LEGAL on 29 April 2015 at Palladium Hotel, Mumbai. The day-long Workshop consisted of panel discussions and detailed presentations by Partners of IndusLaw and Mayer Brown.

Supreme Court Judgment – A Shot In The Arm For Banks To Take Possession Of Secured Assets Occupied By Tenants
Srinivasa Raghavan, Lomesh K. Nidumuri and Avinaash Singh Gautama, IndusLaw, published on mondaq.com, December 2014.

The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the "SARFAESI Act") confers power to the Banks to take possession and sell the secured assets without resorting to filing cases in Courts or the Debt Recovery Tribunal ("DRT"). However, the recovery process has been plagued by problems of recovery of possession of the secured assets due to persons inducted into the secured properties as Tenants, lessees, licensees, etc. ("Tenant" or "Tenants").

Arbitration in International Commercial Transactions – Indian Courts to the Rescue
Gaurav Dani, Partner and Pallavi Kanakagiri, Senior Associate, INDUSLAW, published in International Law News, Summer Edition 2013, Volume 42 No.3

Arbitration is key to resolving disputes in the global economic scenario and is viewed as a gateway to speedier resolution of disputes. As arbitration rules of most nations have been based on or patterned after the United Nations Commission on International Trade Law (UNCITRAL) Model Laws, arbitration law and practice enjoy a certain level of uniformity across nations. This has made arbitration an attractive mode of dispute resolution for foreign investors in many countries. In India, commercial litigation is a long drawn and time consuming process. Thus, arbitration has become a preferred mode of dispute resolution in India. Detailed arbitration clauses typically form an integral part of every commercial contract in India. Moreover, in a majority of contracts, parties select an arbitration venue outside India, beyond the jurisdiction of Indian courts where legal battles can be a long drawn process

Jurisdiction of courts over arbitrations held outside India
V Srinivasa Raghavan & Romit Dey / New Delhi Aug 29, 2011, 16:38 IST

The Arbitration and Conciliation Act, 1996 (“Act”) initially caused some concern for Indian parties entering into commercial contracts with foreign collaborators. The primary reason of concern was that in cases where the Indian party has been bulldozed into agreeing to expensive arbitration proceedings abroad, it appeared as if they would also have to approach a foreign court of law to obtain any interim relief, pending the commencement of such arbitration or to challenge the award even though the subject-matter of such contracts would fall within the jurisdiction of Indian courts. There was an apprehension that merely by agreeing to have the dispute adjudicated in arbitration proceedings to be conducted abroad (at the instance of the foreign contracting partner)

THE UNRESOLVED CONTROVERSY – CAN TWO INDIAN PARTIES CHOOSE FOREIGN SEATED ARBITRATION AND FOREIGN LAW TO RESOLVE THEIR DISPUTES? LOMESH K. NIDUMURI, PARTNER, INDUSLAW, PUBLISHED ON MONDAQ.COM, JUNE, 2017

Consistency can make India a global arbitration hub Press Release by World Trade Centre, Mumbai, July 2016

Critical Analysis Of The Arbitration And Conciliation (Amendment) Act, 2015Lomesh K. Nidumuri, Partner, INDUSLAW, PUBLISHED ON MONDAQ.COM, May, 2016

Analysis Of The Commercial Courts, Commercial Division And Commercial Appellate Division Of High Courts Act, 2015V. Srinivasa Raghavan, PARTNER, Avinaash Singh Gautama, PRINCIPAL ASSOCIATE and Trisha Raychaudhuri, Associate, INDUSLAW, PUBLISHED ON MONDAQ.COM, April, 2016

Amendments To India's Arbitration Act: An AnalysisRan Chakrabarti, Partner, Lomesh K. Nidumuri, Partner, Ray Vikram Nath, Senior Associate and Avinaash Singh Gautama, Senior Associate, INDUSLAW, PUBLISHED ON MONDAQ.COM, DECEMBER, 2015.

Arbitration In India – The Way ForwardLomesh K. Nidumuri, INDUSLAW, PUBLISHED ON MONDAQ.COM, July 2015.

The Litigation and Dispute Resolution WorkshopMayer Brown and IndusLaw presented ‘The Litigation and Dispute Resolution Workshop’ organised by IDEX LEGAL on 29 April 2015.

Supreme Court Judgment – A Shot In The Arm For Banks To Take Possession Of Secured Assets Occupied By TenantsSrinivasa Raghavan, Lomesh K. Nidumuri and Avinaash Singh Gautama, IndusLaw, published on mondaq.com, December 2014.

Arbitration in International Commercial Transactions – Indian Courts to the RescueGaurav Dani, Partner and Pallavi Kanakagiri, Senior Associate, INDUSLAW, published in International Law News, Summer Edition 2013, Volume 42 No.3

Jurisdiction of courts over arbitrations held outside India V Srinivasa Raghavan & Romit Dey / New Delhi Aug 29, 2011, 16:38 IST

THE UNRESOLVED CONTROVERSY – CAN TWO INDIAN PARTIES CHOOSE FOREIGN SEATED ARBITRATION AND FOREIGN LAW TO RESOLVE THEIR DISPUTES?
LOMESH K. NIDUMURI, PARTNER, INDUSLAW, PUBLISHED ON MONDAQ.COM, JUNE, 2017

Consistency can make India a global arbitration hub
Press Release by World Trade Centre, Mumbai, July 2016

Critical Analysis Of The Arbitration And Conciliation (Amendment) Act, 2015
Lomesh K. Nidumuri, Partner, INDUSLAW, PUBLISHED ON MONDAQ.COM, May, 2016

Analysis Of The Commercial Courts, Commercial Division And Commercial Appellate Division Of High Courts Act, 2015
V. Srinivasa Raghavan, PARTNER, Avinaash Singh Gautama, PRINCIPAL ASSOCIATE and Trisha Raychaudhuri, Associate, INDUSLAW, PUBLISHED ON MONDAQ.COM, April, 2016

Amendments To India's Arbitration Act: An Analysis
Ran Chakrabarti, Partner, Lomesh K. Nidumuri, Partner, Ray Vikram Nath, Senior Associate and Avinaash Singh Gautama, Senior Associate, INDUSLAW, PUBLISHED ON MONDAQ.COM, DECEMBER, 2015.

Arbitration In India – The Way Forward
Lomesh K. Nidumuri, INDUSLAW, PUBLISHED ON MONDAQ.COM, July 2015.

The Litigation and Dispute Resolution Workshop
Mayer Brown and IndusLaw presented ‘The Litigation and Dispute Resolution Workshop’ organised by IDEX LEGAL on 29 April 2015.

Supreme Court Judgment – A Shot In The Arm For Banks To Take Possession Of Secured Assets Occupied By Tenants
Srinivasa Raghavan, Lomesh K. Nidumuri and Avinaash Singh Gautama, IndusLaw, published on mondaq.com, December 2014.

Arbitration in International Commercial Transactions – Indian Courts to the Rescue
Gaurav Dani, Partner and Pallavi Kanakagiri, Senior Associate, INDUSLAW, published in International Law News, Summer Edition 2013, Volume 42 No.3

Jurisdiction of courts over arbitrations held outside India
V Srinivasa Raghavan & Romit Dey / New Delhi Aug 29, 2011, 16:38 IST