SEVERING THE OLD FROM THE NEW: INDIA’S TRYST WITH SEVERABILITY AND CHALLENGES TO ENFORCEMENT OF ARBITRAL AWARDS

Posted by Surana

in SSIA

SEVERING THE OLD FROM THE NEW - INDIA’S TRYST WITH SEVERABILITY

Ayushman Somani Student Intern, Dispute Resolution Practice Introduction Of the many principles that have been used to enforce arbitration awards in a more equitable manner in the last decade, few have proven to be as practical and effective as the ‘Doctrine of Severability’. This principal provides a middle-ground to an enforcing court by allowing it to only enforce that part of the award deemed to be free of certain encumbrances, thereby maintaining the sanctity of arbitration while ensuring an equitable award is enforced. Proposed originally as the ‘Doctrine of Blue Pencil’, the Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co Ltd. (1) case decided...

13 December

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Necessity of Pre-Suit Mediation in Commercial Disputes: An Analysis of Section 12A of the Commercial Courts Act, 2015

Posted by Surana

in IPR

Necessity of Pre-Suit Mediation in Commercial Disputes

By Sonam Nanda, IPR Practice, Surana & Surana International Attorneys, New Delhi Office Introduction The Commercial Courts Act of 2015 with its amendment in 2018 is a recent exercise undertaken to adjudicate commercial disputes quickly. The object of this exercise was steered with the introduction of Section 12A by an amendment in 2018 that made mediation necessary before institution of a suit for commercial matters. This article will elaborate on need for such an exercise and critically analyze the interpretation and nature of Section 12A of the Commercial Courts Act, 2015 taken by the courts of the country. Need for the Commercial Courts...

11 August

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The intersection between admiralty laws and cross-border insolvencies: in deep water or smooth sailing?

Posted by Surana

in SSIA

The intersection between admiralty laws and cross-border insolvencies - in deep water or smooth sailing

Chinna Aswathy Abraham Associate, Dispute Prevention and Resolution The intersection between admiralty laws and insolvency laws has been making waves for the last many years With respect to India, questions arose as to the jurisdictions of the courts- while admiralty jurisdiction generally exercised by the High Courts, the National Company Law Tribunals (‘NCLT’) exercise jurisdiction over the subject of corporate insolvencies. The operation of moratorium over admiralty suits and the treatment of these plaintiffs as creditors under the Insolvency & Bankruptcy Code (‘IBC, 2016’) were also areas that needed clarity. In January this year, in Angre Port Pvt Ltd v. TAG 15 &...

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SEVERING THE OLD FROM THE NEW: INDIA’S TRYST WITH SEVERABILITY AND CHALLENGES TO ENFORCEMENT OF ARBITRAL AWARDS

Necessity of Pre-Suit Mediation in Commercial Disputes: An Analysis of Section 12A of the Commercial Courts Act, 2015

The intersection between admiralty laws and cross-border insolvencies: in deep water or smooth sailing?

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