Our Blog
- Home
- /
- Blog
Supreme Court's Power to Appoint Arbitrator - When Underlying Contract Is Deficiently Stamped
Posted: 29/04/2019
By
Sanaya Dadachanji
On 10th April 2019, Division Bench of the Hon'ble Supreme Court of India (comprising the Hon’ble Mr. Justice R. F. Nariman and the Hon’ble Mr. Justice Vineet Saran) in Garware Wall Ropes Ltd. v. Coastal marine Constructions & Engineering Ltd., reiterated the dictum of SMS Tea Estates (P) Ltd. v. Chandmari Tea Co. (P) Ltd. (“SMS Tea”) holding that where an arbitration clause is contained in an unstamped agreement, the provisions of Maharashtra Stamp Act 2016, require the Court hearing the Section 11 application under the Arbitration Act, 1996 for appointment of arbitrator, to impound the agreement and ensure that stamp duty and penalty (if any) are paid thereon before proceeding with the Section 11 application..
Continue Reading
'Minority' Award In India - A Battle Half Won? And comparative legal position in other jurisdictions
Posted: 28/10/2021
By
Sanaya Dadachanji
The 1899 Hague Convention allowed arbitrators to “record their dissent,” but a proposal to let them state the reasons for their dissent was rejected for fear of “the possibility of having two awards in each case and of bringing the disagreement of the arbitrators before the public”. ...
Continue Reading
Sneak Peek At The Mediation Bill 2021
Posted: 28/01/2022
By
Sanaya Dadachanji
The Mediation Bill (Bill No. XLIII of 2021) was introduced in Rajya Sabha on December 20, 2021, with the objective of maximizing and facilitating mediation, particularly institutional mediation, for the resolution of commercial and other disputes, enforcing mediated settlement agreements, establishing a body for mediator registration, encouraging community mediation, and making online mediation an acceptable and cost-effective process....
Continue Reading
Analysis of the CAS OG 24/14 Arbitration Case - Marta Vieira da Silva & Associates v. FIFA
Posted: 26/08/2024
By
Rashid Boatwalla
The Court of Arbitration for Sport (CAS) is the apex forum for resolving sports-related disputes, often involving complex intersections of international regulations, organizational statutes, and the principles of fairness in sport. The CAS OG 24/14 arbitration case between Marta Vieira da Silva, the Comitê Olímpico do Brasil (COB), the Confederação Brasileira de Futebol (CBF), and the Fédération Internationale de Football Association (FIFA) is a notable example of the challenges faced in balancing these elements.
Continue Reading
Gambling Law - Will Liberal Ancient India Pave The Way For Our Future?
Posted: 26/06/2023
By
Ujwal Trivedi
The illegal betting market in India runs into billions of dollars. The legality of it being in question stems from the potential for it to harm the social fabric of the Indian society. Whilst the article remains silent on the exact nature of reforms that should be introduced for it to be legal across India, the author touches upon the ‘not so invisible giant’ that sports betting has already become. The article examines the root of gambling which was reportedly prevalent in Ancient India before analysing the statutory framework that governs it today....
Continue Reading
Sneak Peek On Conflicting View By Full Bench - The Issue whether Arbitration Agreement can be acted upon in unstamped commercial contract, referred to be decided by a Constitution bench?
Posted: 22/01/2021
By
Sanaya Dadachanji
On 11th January 2021, a three-judge bench of the Hon'ble Supreme Court of India (Hon’ble Mr. Justice D. Y. Chandrachud, Mrs. Indu Malhotra and Mrs. Indira Banerjee) in the case of N.N. Global Mercantile Pvt. Ltd. v/s Indo Unique Flame Ltd. & Ors. was of the view that there is no legal impediment to the enforceability of the arbitration agreement, pending payment of Stamp Duty on the substantive contract. ...
Continue Reading
Vegalta Sendai vs. PFC CSKA Moscow – A Case of ‘Ad Imposibilia Nemo Tenetur’?
Posted: 20/03/2023
By
Ujwal Trivedi
The present article deals with a pertinent issue of interpreting commercial legal contracts between two football clubs for loaning a player. ...
Continue Reading
FIFA Appeal Committee Sanctions Canadian Soccer Association and Officials: A Detailed Review of the Disciplinary Actions and Their Implications
Posted: 18/08/2024
By
Rashid Boatwalla
Following disciplinary proceedings initiated against the Canadian Soccer Association (CSA) and its officials—Beverly Priestman, Joseph Lombardi, and Jasmine Mander—the Chairman of the FIFA Disciplinary Committee opted to escalate the case directly to the FIFA Appeal Committee, pursuant to Article 56.3 of the FIFA Disciplinary Code (FDC).
Continue Reading
The Criminal Procedure (Identification) Act 2022: Testing The Shores of Constitutional Validity
Posted: 16/05/2023
By
Ujwal Trivedi
The Criminal Procedure (Identification) Act, 2022 endeavours to advance techniques for prisoner identification to make the entire process of investigation efficient. Whilst the intent of the legislature merits credit, the said Act fails to meet the test of constitutionality on various counts of being disproportionate; violating one’s right to privacy; and violating the well enshrined principle of ‘presumption of innocence’, amongst others. The article sheds light on the extent to which the provisions of the Act have departed from striking a balance between upholding the rights of privacy of individuals vis-à-vis empowering the state authorities with excessive power in conducting investigation in criminal matters....
Continue Reading
Concept Of 'Seat' & 'Venue' In Arbitration
Posted: 16/03/2023
By
Sanaya Dadachanji
Section 2(2) of the 1996 Act provides that Part I shall apply when the place of arbitration is in India. In the famous case of Naviera Amazonica Peruana vs. Compania Internacionale De Seguros Del Peru, the Court of Appeal has clarified the difference between place/seat and venue of arbitration as...
Continue Reading
Manchester City v the Premier League: Impact of the "APT Verdict"
Posted: 10/09/2024
By
Rashid Boatwalla
The legal proceedings between Manchester City and the Premier League have attracted significant attention due to their complexity and potential impact on football governance. With the Premier League having brought 115 charges against the club, Manchester City has been contesting the charges while also challenging various rules, including the Associated Party Transaction (APT) regulations.
Continue Reading
THE VINESH PHOGAT CASE AT THE 2024 PARIS OLYMPICS: A COMPREHENSIVE LEGAL ANALYSIS
Posted: 07/09/2024
By
Vikram Trivedi