• Annual Arbitration Review- 2017,  Arbitration

    Himangni Enterprises v. Kamaljeet Singh Ahluwalia: Arbitrability of Lease Disputes

    Reading Time: 6 minutes This case deals with the non-arbitrability of disputes pertaining to tenancy/eviction/rent matters, which in effect cements the list of non-arbitrable disputes laid down in the Booz-Allen case.[2] By applying the list laid down in Booz-Allen by a straight jacket formula, the court has taken a decision overlooking the intention of the parties. Party autonomy has yet again taken a back seat and an anti-arbitration approach has been taken by The Apex Court. This judgement becomes important in the context of parties intending to include an arbitration clause in their lease deed, which in effect would become redundant.

  • Consensual Dispute Resolution

    Lok Adalat: A Brief Overview

    Reading Time: 5 minutes At the time of the formal adoption of the Indian Constitution in 1950, there existed a unified structure of courts and laws, which were left undisturbed, as their removal or modification would have signified the upheaval of the entire judicial structure. Disputes of all citizens were settled through a well-defined and recognised system of litigation. The courts have formal rules for settlement of disputes and their decision is binding on the parties, but is subject to appeal to the higher court. The system is highly technical and formal, and the judge controls the proceedings as well as the outcome of the litigation. However, litigation does not…

  • Annual Arbitration Review- 2017,  Arbitration

    Kores v. Arnav: Fraud and Forgery under Section 11 of the Arbitration and Conciliation Act, 1996

    Reading Time: 5 minutes This is a landmark case on the validity of arbitration agreements in general. Though the question of fraud and forgery was not specifically discussed by the court, its stand on the validity of such agreements in contracts has set the tone for courts across the country when the facts are suspicious about the veracity of such agreements.

  • Consensual Dispute Resolution

    Mediating Workplace Sexual Harassment Claims

    Reading Time: 4 minutes With the increase in access to alternate dispute resolution mechanisms, the time has now come to critically analyse if all kinds of disputes are eligible to go in for out of court dispute resolution mechanisms. Of these, the case for mediating sexual harassment cases is now being hotly debated. Mediation seems to fit the harassment rubric ideally for it allows the parties to express strong emotions, allows the victim to confront the harasser directly and does away with the emotionally and psychologically exhaustive court procedure for seeking justice (Young Mediate.com, 2006). But mediation is not a one-size fits-all method of dealing with sexual harassment and each…

  • Consensual Dispute Resolution

    Dependency and Power: Removing Hardwired Hindrances to Negotiation

    Reading Time: 5 minutes The Traditional Lawyer vs. The Modern Lawyer With the advent of globalisation and modernisation, the role of a lawyer is no longer restricted to the courtrooms. The essence of being a lawyer is to able to protect the best interests of one’s client, and to resolve the disputes which have arisen. Generally, the preferred method of resolution depends on the nature of a dispute. While the adversarial approach is necessary for certain types of disputes, it should not be the ‘go to’ option for all. The emergence of negotiation as the preferred means for dispute settlement for commercial and corporate disputes has changed the traditional definition…

  • Arbitration

    Appointment of a New Arbitrator by a Disqualified Arbitrator: A Critique of TRF Ltd. v. Energo Engineering Projects Ltd.

    Reading Time: 5 minutes The agreement between TRF Ltd. and Energo Engineering stipulated that the Managing Director of the buyer (Energo, in this case) was to act as the arbitrator or nominate an arbitrator to the dispute. This is prima facie a valid arbitration clause. TRF Ltd. challenged the neutrality and impartiality of the arbitrator in a Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) application before the High Court of Delhi. The matter reached the Supreme Court by way of an appeal by special leave to determine whether it is “justified to repel the submissions that once the arbitrator becomes ineligible to…

Enjoy this blog? Please spread the word :)