Articles and Updates

• Vasanth Rajasekaran and Srijata Majumdar - 10-01-2020

The Supreme Court by a significant judgment on 10 April 2019, clarified that the power of the court to impound an unstamped document containing an arbitration clause, at the stage of appointment of an arbitrator, remains unchanged with the introduction of Section 11 (6A) of the Arbitration and Conciliation Act ("Act").

• Vasanth Rajasekaran and Saurabh Babulkar - 07-01-2020

The landmark judgments of the year 2019 as ruled by the Supreme Court in the Arbitration matters.

• Sawant Singh, Neha Naik, and Madhavi Doshi - 03-01-2020

While the FSP Rules are an ad hoc solution, their notification is welcome as it represents a step in the right direction. These are currently not applicable to all FSPs and are restricted only to "Non-Banking Financing Companies" and "Housing Finance Companies" with asset size of 500 crores or more. All in all, the initiation of the CIRP of DHFL has set the ball rolling for notified FSPs to be liable to undergo a full-fledged CIRP process.

• Vasanth Rajasekaran and Saurabh Babulkar - 03-01-2020

Once an expert body has determined specific tariffs for power, it is not open to courts to interfere ordinarily in such matters, where the determination by such expert body does not suffer from any illegality or infirmity. This position was recently set out by the Supreme Court in Transmission Corporation of Andhra Pradesh Ltd. v. M/s Rain Calcining Ltd. & Ors.1

• Ishaan Chhaya and Biswadeep Chakravarty - 16-12-2019

If a person is ineligible to be appointed as a sole arbitrator due to his interest in the outcome of the arbitration, will that person be entitled to appoint or nominate a sole arbitrator in his place?