ArbitralWomen’s Post

Enforcement of Arbitral Awards: A Call for Reform As a practicing lawyer, I often see clients frustrated by delays in enforcing arbitration awards. Justice PS Narasimha’s keynote at the NPAC Conference has reignited crucial discussions on the need for institutional reforms in Indian arbitration. India has strong arbitration talent, but we face significant gaps—particularly the lack of an enforcement monitoring mechanism. Unlike jurisdictions like the UK, our reliance on ad-hoc arbitration is insufficient. The recommendation to establish an Arbitration Council of India (ACI) is vital. This body could standardize practices, ensure timely enforcement, and promote best practices across arbitral institutions. Transitioning to institutional arbitration requires a mindset shift and a robust regulatory framework. The judiciary must adopt a consistent approach in appointing arbitrators and minimize intervention to enhance efficiency. Immediate steps include: Establishing the ACI to oversee enforcement. Raising public awareness about institutional arbitration. Training programs for practitioners to align with global standards. Without accountability and enforcement mechanisms, arbitration's promise as an efficient alternative to litigation remains unfulfilled. It’s time to embrace reforms and position India as a global leader in arbitration. #Arbitration #LegalReform #DisputeResolution #JusticePSNarasimha #NPAC2024

𝐍𝐞𝐰 𝐏𝐨𝐬𝐭 | 𝐓𝐡𝐞 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐖𝐨𝐫𝐤𝐬𝐡𝐨𝐩| Arbitration Bar of India:Revolutionizing Institutional Arbitration in India Aryaman Setia (a 2nd year student at UILS, Panjab University, Chandigarh) writes for the Arbitration Workshop on the significance of revolutionising Institutional Arbitration in India via an Arbitration Bar. The article discusses how India's institutional arbitration landscape suffers from some lacunae. In the above context, the article focuses on a specific lacuna: the lack of full-time dedicated arbitration practitioners. Further, it looks at the need for a specialized arbitration bar and the manner in which the newly formed Arbitration Bar of India aims to fill the specific lacuna and bolster the efforts to position India as a leading centre for arbitration globally. Please have a look at this article on the aforesaid issue and share it with your peers and enthusiasts of arbitration law and policy. As always, comments and suggestions are welcome. The link to the article is: https://lnkd.in/dUWGXi9G.

I write for the Indian Women in International Arbitration's blog on the Indian Supreme Court's recent decisions on time-bound arbitrations. The Government of India's draft amendments to the Arbitration Act seem to resolve at least some of the issues with section 29A with respect to institutional arbitrations. Many thanks to the IWIA team for their editorial comments. #internationalarbitration #arbitrationlaw #timeboundarbitration #india

[YAWP RECAP] An incisive session on  “Emergency Arbitration 101: Latest Trends and Developments”, was organised by ArbitralWomen Women – YAWP - Young ArbitralWomen Practitioners X Trilegal X Linklaters during India ADR Week (Mumbai Centre For International Arbitration) in #Delhi. Tine Abraham (Partner, Trilegal, Delhi), Rebecca James (Partner, Linklaters, Singapore), Mehak Oberoi (Legal Head- Hydro Power, APAC, GE Vernova) and Avnit Arora (Director, Arbitration & Conciliation, DoLA, Ministry of Law & Justice) shared their views on the topic, in a session expertly moderated by Varuna Bhanrale (Partner, Trilegal, Delhi) and concluded with the remarks from Manini Brar, FCIArB (Founder, Arbridge Chambers). There was a consensus amongst panellists that both emergency arbitration and interim relief applications before local courts have their independent significance in an arbitration. Depending on the circumstances, an emergency arbitration allows parties to obtain effective and immediate relief in keeping with party autonomy and confidentiality. However, lack of clarity on the potential for enforcement of ensuing orders requires clear legislative and judicial pronouncement in India.  The panel saw keen involvement of the audience and several suggestions on how the emergency arbitration procedure could be used effectively. This was a welcome progression from a time, not too long ago, when the credibility of the process itself was the subject of several panel discussions. Many thanks to Mumbai Centre For International Arbitration, Linklaters and Trilegal for supporting an ArbitralWomen – YAWP - Young ArbitralWomen Practitioners initiative and bringing together the arbitration community around it. #emergencyarbitration #arbitrationinIndia #internationalarbitration #womeninlaw #womeninarbitration

📌𝗨𝗻𝗹𝗼𝗰𝗸𝗶𝗻𝗴 𝗘𝗳𝗳𝗶𝗰𝗶𝗲𝗻𝗰𝘆 𝗶𝗻 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗶𝗼𝗻: 𝗞𝗲𝘆 𝗛𝗶𝗴𝗵𝗹𝗶𝗴𝗵𝘁𝘀 𝗼𝗳 𝘁𝗵𝗲 𝟮𝟬𝟮𝟰 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗶𝗼𝗻 𝗕𝗶𝗹𝗹 (𝗣𝗮𝗿𝘁 𝟭) India continues its journey to become a global hub for arbitration with the introduction of the 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗶𝗼𝗻 𝗮𝗻𝗱 𝗖𝗼𝗻𝗰𝗶𝗹𝗶𝗮𝘁𝗶𝗼𝗻 (𝗔𝗺𝗲𝗻𝗱𝗺𝗲𝗻𝘁) 𝗕𝗶𝗹𝗹, 𝟮𝟬𝟮𝟰. This proposed legislation seeks to streamline arbitration processes, reduce court intervention, and ensure timely resolutions. The Bill, based on recommendations from an expert committee chaired by Dr. T.K. Viswanathan, introduces pivotal changes to the Arbitration Act, including a nuanced approach to setting aside arbitral awards under Section 34. Section 34 allows courts to set aside an arbitral award on specific grounds such as invalid agreements, lack of proper notice, exceeding the scope of arbitration, or conflict with public policy. Applications must be filed within three months, with a possible 30-day extension under exceptional circumstances. The draft Bill, 2024, introduces significant reforms to Section 34 of the Arbitration Act, enabling courts to “partially set aside” or “vary” arbitral awards in exceptional circumstances. This shift aims to address the long-debated limitation on courts’ power to modify awards, as clarified in 𝙉𝙃𝘼𝙄 𝙫. 𝙃𝙖𝙠𝙚𝙚𝙢, 2021 (2021 𝙎𝘾𝘾 𝙊𝙣𝙡𝙞𝙣𝙚 𝙎𝘾 473), while preserving the integrity of arbitral proceedings. By allowing courts to annul unsustainable portions of awards without impacting valid components, the proposed amendments adopt a more nuanced approach that aligns with international arbitration practices. #arbitration #legalreforms #2024bill #arbitrationbill #India

It has been over five years since I wrote my dissertation on the Enforcement of Emergency Arbitral Awards. At that time, I delved into the challenges faced in enforcing these awards and conducted a comparative analysis of enforcement mechanisms across different jurisdictions. While India has made some progress—particularly with the Supreme Court recognizing SIAC emergency awards as interim orders enforceable under Section 17 of the Arbitration and Conciliation Act, 1996—there remains significant room for improvement. The Act still does not explicitly include references to “emergency arbitrators” or “emergency arbitration/awards,” leaving parties to navigate legal ambiguities and practical challenges. This lack of clarity creates roadblocks for the smooth enforcement of emergency awards, whether the arbitration is seated in India or abroad. As a result, parties seeking urgent relief through arbitration often find themselves caught in procedural hurdles, undermining the effectiveness and efficiency that arbitration promises. To bridge this gap, it is imperative that both the legislature and judiciary take proactive steps to provide a comprehensive framework for emergency arbitrations. This includes clear legislative amendments to recognize and enforce emergency awards seamlessly. Such efforts would not only enhance the credibility of India's arbitration ecosystem but also attract greater confidence from international businesses and arbitration practitioners. The road ahead may be challenging, but I remain optimistic that with collaborative efforts, India can establish itself as a global arbitration hub where even emergency arbitral awards are enforced without undue delay or hassle. Do share your views. #Arbitration #EmergencyArbitration #IndianLegalSystem #DisputeResolution #InternationalArbitration #LegalReforms #CommercialArbitration #India #LawyersOfIndia #ArbitrationPractitioners #LitigationAndArbitration

POST NO. 2 Justice Kant opined that the establishment of a PCA office in Delhi marks another paradigm shift in India's journey towards becoming a hub for international arbitration. Justice Kant emphasized that arbitration is swiftly becoming a preferred mode of dispute resolution in India, backed by increasing infrastructural support such as the establishment of the Arbitration Bar of India (ABI). #InternationalArbitration #PermanentCourtofArbitration #ArbitrationBarofIndia https://lnkd.in/dB6CBf6b

𝗔𝗱𝘃𝗮𝗻𝗰𝗶𝗻𝗴 𝗖𝗼𝗺𝗺𝗲𝗿𝗰𝗶𝗮𝗹 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗶𝗼𝗻: 𝗖𝗝𝗜 𝗗𝗬 𝗖𝗵𝗮𝗻𝗱𝗿𝗮𝗰𝗵𝘂𝗱 𝗦𝘁𝗿𝗲𝘀𝘀𝗲𝘀 𝗜𝗻𝗱𝗶𝗮'𝘀 𝗥𝗼𝗹𝗲 Hon'ble Chief Justice of India DY Chandrachud's recent lecture at the Hon'ble UK Supreme Court on 'Commercial Arbitration: Shared Understandings and Developments in UK and India' underscores significant developments and challenges in the realm of commercial arbitration, particularly in the context of India. His emphasis on fostering a robust arbitration culture in countries like India reflects broader global trends towards alternative dispute resolution methods as a means to alleviate judicial backlogs and ensure efficient resolution of commercial disputes. One of the key points highlighted by Hon'ble CJI DY Chandrachud is the need for continual efforts beyond the mere establishment of arbitration institutions like the India International Arbitration Centre. This recognition is crucial, as it acknowledges that infrastructure alone is insufficient without corresponding efforts to cultivate a supportive legal and procedural framework for arbitration. His call for ongoing commitment to strengthening arbitration practices resonates with the evolving complexities of international commerce and the increasing diversity of disputes that transcend borders. Hon'ble CJI DY Chandrachud also addressed legal principles and practices relevant to arbitration, such as the Group of Companies doctrine and the principle of arbitral independence. These discussions reflect a nuanced understanding of both the potential and limitations of arbitration in providing effective dispute resolution mechanisms. By noting differences in application between Indian and English courts, he underscores the importance of jurisdiction-specific considerations in shaping arbitration practices. Moreover, his recognition of the role of technology in the future of arbitration highlights an acknowledgment of contemporary challenges and opportunities. While stressing the importance of human judgment in arbitration, Hon'ble CJI DY Chandrachud balances this with an appreciation for technological advancements that can enhance procedural efficiency and accessibility in arbitration proceedings. Overall, Hon'ble CJI DY Chandrachud's address provides a balanced perspective on the advancements and challenges facing commercial arbitration, particularly in India. It encourages a proactive approach towards nurturing a conducive environment for arbitration while recognizing the ongoing evolution of legal and technological landscapes that influence its practice globally. This nuanced stance reflects a commitment to enhancing the efficacy and credibility of arbitration as a preferred method for resolving commercial disputes in an increasingly interconnected world. #commercialarbitration #indiarole #adr #legalindustry #globalarbitration #disputeresolution #arbitrationtrends #legalupdates

The legal framework governing arbitration in India has undergone significant reform to align with international trends and meet the demands of the global economy. In this article, Sherina Petit, Nishant Nath Singh, and Vijaya Singh, provide a concise overview of the key arbitration judgments delivered by the Indian judiciary in 2023, offering insights into their implications and contributions to arbitration practices, both domestically and internationally. Read more here: https://lnkd.in/ezMuNiBB #InternationalArbitration #IndianArbitration

Chief Justice of India, DY Chandrachud, recently emphasized the critical need for countries like India to develop a robust culture of commercial arbitration. Speaking at the UK Supreme Court, he highlighted the necessity of establishing effective arbitration institutions to enhance the practice in the Global South, referencing the India International Arbitration Centre and the Mumbai and Delhi International Arbitration Centers as exemplars. Justice Chandrachud stressed that the mere creation of such institutions is insufficient without ensuring they operate on principles of transparency, accountability, and professional integrity to maintain public confidence in the judicial system. This approach is essential to foster consistent arbitral processes akin to the scrutiny faced by conventional courts. During his address on "Law and Practice of Commercial Arbitration: Shared Understandings and Developments in UK and India," CJI Chandrachud pointed out that the burgeoning caseloads in Indian courts underscore the urgency for alternative dispute resolution mechanisms like arbitration and mediation. These methods could significantly alleviate the judiciary's burden, offering expedient and equitable justice. The Chief Justice also discussed the necessity of streamlining arbitration across three stages—mutual consent to arbitrate, arbitral proceedings, and enforcement of arbitral awards—to optimize the arbitration landscape in India. He called for a modern approach to arbitration that incorporates technology to enhance efficiency and accessibility, ultimately making arbitration more adaptable to contemporary needs. By advocating for these reforms, CJI Chandrachud is positioning India to better meet the challenges of international commerce and dispute resolution, reinforcing India's commitment to becoming a pivotal player in global arbitration. #LegalReform #CommercialArbitration #JudicialInnovation #CJIDYChandrachud #GlobalSouth #LegalTech