USLLS ADR Blog

In this new article, author Eshita Deb explores the complexities of energy arbitration, using the case of "NextEra Energy Spain Holdings B.V. v. Kingdom of Spain" to highlight the challenges faced in cross-border energy disputes. The author discusses how arbitration serves as a critical tool for resolving energy sector conflicts but is complicated by the interplay of national and supranational laws, particularly within the EU. The article examines Spain's withdrawal of renewable energy subsidies, which led to NextEra seeking arbitration under the Energy Charter Treaty (ECT), and the subsequent difficulties in enforcing the arbitral award within EU jurisdictions. Deb emphasizes the implications of the European Court of Justice's Achmea decision, which has restricted intra-EU arbitration under the ECT, forcing NextEra to seek enforcement in the U.S. courts. This article not only underscores the need for stable legal frameworks but also raises critical questions about the future of energy arbitration, particularly the tension between international arbitration agreements and regional legal constraints. Read more https://lnkd.in/grbSCwhF

Hello Everyone! We're excited to announce the launch of our new bi-monthly ADR Blog newsletter—set to debut on a special day, 15th August 2024, India's Independence Day! Get ready to explore insightful articles, case analyses, and expert opinions on the latest in Alternative Dispute Resolution (ADR). LINK: https://lnkd.in/gYzhj3GZ Subscribe for exclusive access to: •⁠ ⁠In-depth Articles on recent ADR developments. •⁠ ⁠Weekly Highlights of significant cases. •⁠ ⁠ADR Simplified for clear legal perspectives. Don't miss out on our first issue launching this Independence Day! Join us by replying to this message or clicking the subscription link below.

In this new article, author Sidhant Singh elaborated on enforcing foreign arbitral awards in india. The author discusses how India's commitment to the New York convention underscores its pro-enforcement stance on foreign arbitral awards, aimed at ensuring finality in dispute resolution. The arbitration & conciliation act, 1996, aligned with the UNCITRAL model law, mandates adherence to arbitration awards.  However, challenges arise when award debtors seek recourse through national courts, risking re-litigation. The principle of preclusion, rooted in jurisprudence and the theory of comity of nations, provides that once a claim is settled through arbitration, it cannot be reasserted in court. This article examines India's pro-enforcement stance, judicial caution in applying section 48 of the act, and the complexities of preclusion, emphasising the balance between international comity and domestic law. instances where enforcement is denied highlight the importance of aligning foreign awards with India's fundamental policies, ensuring justice and adherence to legal standards. Click on the link below to learn more!! 

On June 19, 2024, the Delhi High Court, presided over by Justice Manoj Jain, handed down a historic ruling in the case of M/s SS Steel Fabricators and Contractors v. Narsing Décor, reaffirming the judiciary's power to prolong an arbitral tribunal's mandate after it has expired. Following the termination of the petitioner, M/s SS Steel Fabricators and Contractors, Narsing Décor filed a counterclaim, which was heard ex parte. The claimant's lack of cooperation resulted in unwarranted financial constraints for Narsing Décor, which the court acknowledged for their careful behaviour. By referring to the ruling in Power Mech Projects Ltd. v. Doosan Power Systems India Pvt. Ltd., the court ensured impartial proceedings by extending the mandate of the panel until June 30, 2024. This ruling demonstrates how Section 29A of the Arbitration Act is being interpreted more and more, encouraging fairness and flexibility in arbitration procedures. Click on the link in bio to learn more! 

In this edition of the ADR simplified, the author expands on the nuances of emergency arbitration. Introduced by the ICC Rules and Appendix V in 2012, Emergency Arbitration is a fast and economical dispute resolution process that provides immediate remedy without involving the entire tribunal. In India, it is still in its infancy despite being adopted globally by organisations such as HKIAC and LCIA. Under the ICC Rules, emergency arbitration can be started with three requirements met: a formal application to the ICC, full compliance with emergency protocols, and adherence to an arbitration agreement. Using resources including written submissions and teleconferences, an Emergency Arbitrator guarantees prompt resolution, usually reaching a decision in ten days or less. Subject to a later review, they have the authority to impose temporary measures including asset freezes and injunctions. The Law Commission's 2014 recommendation to harmonise Indian legislation with ICC and SIAC regulations was not ratified. But legal progress in this field was spurred by the Supreme Court's 2021 decision in Amazon v. Future Retail, which recognised emergency arbitration under Section 17(2) of the Arbitration & Conciliation Act, 1996. click on the link below to learn more! https://lnkd.in/g-cne7P2

In this article, author Sharanya Sheopuri explores how India’s judiciary, overwhelmed with pending cases, is turning to Alternative Dispute Resolution mechanisms, particularly mediation, to transform juvenile justice this fostering accountability, empathy, and restitution, along with an increased focus on rehabilitation rather than punishment. The Juvenile Justice Act of 2015 supports this shift with community-based sanctions and vocational training. This approach aims to positively reintegrate young offenders into society. Studies show restorative justice programs significantly reduce reoffending, highlighting mediation's potential in fostering a just society. Embracing mediation could transform India's justice system, offering a compassionate path to rehabilitation for its youth. Click on the link below to read more! https://lnkd.in/g2biYytt #JuvenileJustice #Mediation #RestorativeJustice #LegalReform #YouthRehabilitation

The formal establishment of the Mediation Council of India by the Mediation Act, 2023, is a major advancement in the legal landscape of India. This law, which went into effect on October 9, 2023, attempts to encourage and govern mediation as a useful alternative dispute resolution process. As a national organisation, the Mediation Council of India will supervise the creation and application of mediation procedures throughout the nation. In this simplified series, the author elaborates about the Council's eternal succession, property acquisition and management authority, and capacity to engage in business dealings and legal actions are among its salient characteristics. The Council's head office is in Delhi, and it has plans to open offices elsewhere in India and overseas to improve service, delivery and growth. A chairperson with a wealth of legal and ADR experience, two full-time members with ADR knowledge, and three ex-officio members from different government ministries make up the Council's membership. The sector of trade and industry is also represented by a part-time member. The Council's responsibilities include fostering both local and international mediation, creating standards for mediators, and upholding moral principles. India hopes to strengthen the mediation framework and increase the effectiveness and accessibility of dispute resolution procedures by enacting this Act. Click the link below to learn more https://lnkd.in/genYh2Az

CALLING ALL ASPIRING LEGAL ENTHUSIASTS!! What will you have to do? 1. Engage in Outreach Programs 2. Raise Legal Awareness 3. Conduct Surveys 4. Document Activities Minimum Requirements? UG law students (3-year or 5-year LL.B.), LL.M., and Ph.D. (Law) students having excellent communication and interpersonal skills. Delhi-NCR candidates preferred. Details About The Internship? Duration: 1 month (July 2024) Mode: Offline (on-site) at University School of Law and Legal Studies, GGS Indraprastha University, Sector 16 C, Dwarka, Delhi. Outreach activities will take place across various districts in Delhi. Number of Positions: 40 interns Don't miss this opportunity to enhance your legal career. For more information, please refer to the guidelines and register via the Google Form linked in our bio. Note: This is an unpaid internship. Application Form: https://lnkd.in/gkjWaJGs For any inquiries, please contact: operations@usllsadrblog.com #internships #law #legalinternships #internshipprogramme #ggsipu #opportunities #lawinternships #lawcollege

The infrastructure sector has grown dramatically in the last several years, considerably increasing the GDP and performing a critical role in the advancement of the country. However, despite significant investment, infrastructure remains inadequate, with public sector focus shifting away and regulatory uncertainties persisting. Many states are increasingly relying on toll funding and public-private partnerships to meet demand in order to address these issues. In this context, this part of the ADR simplified series explores the interplay between arbitration and infrastructure. Successful project completion and risk mitigation depend on efficient contract administration and arbitration. In order to successfully traverse the intricacies and disagreements that are inherent in the industry, industry professionals stress the significance of proactive measures, strong contractual documentation, and efficient arbitration procedures to address the sector's complexities and disputes, emphasising the need for close monitoring and dispute resolution mechanisms to ensure timely and successful project completion. Click on the link below to learn more!! https://lnkd.in/g_Xqbj9J

Telecommunication Consultants India Ltd v. Shivaa Trading: An Award Issued By Unilaterally Appointed Arbitrator Can Be Contested For Invalidity Of Appointment, Even By The Appointing Party In this piece of weekly highlights, Divyanshi Sonkeria discusses the judgment in the case Telecommunication Consultants India Ltd. v. Shivaa Trading, which investigates the legality of an arbitrator's unilateral appointment and subsequent award in a dispute. The court maintained the petitioner's right to challenge the unilateral appointment under Section 34 of the Arbitration and Conciliation Act, highlighting the fact that participation in the appointment procedures does not lead to waiver of right to object.  This ruling emphasises how crucial it is to follow the law and procedurally fair arbitration procedures in order to protect parties from decisions made by those without the right power. Click the link below to learn more! https://lnkd.in/gYYrwF8V