Subsequent to the Mahakali judgment adopting a clear stance that the MSMED Act would override the provisions of A&C Act, the party autonomy in the arbitration agreements involving an MSME, has taken a backseat.

In this piece, the author argues that the decision of the SC in Disortho has two main problems. First, the court fails to appropriately decide the seat. Second, the law laid down by the SC is problematic due to its misconceived implementation of party intention and the principle of separability. 

While the power of modification may not necessarily be antagonizing to the Indian arbitration regime, the source of such power shall be through legislative means rather than judicial craftiness.

While the BPSL-JSW is already forming into a landmark precedent in the IBC landscape, it risks creating a precedent, which undermines the revival aspect of IBC and has the possibility of deterring future CIRP proceedings.

The position of law in Electrosteel needs reconsideration, as argued in this post, to make the enforcement process quicker and more efficient, one which allows the award-creditor to enjoy the fruits of their labour.

Navigating symmetrical arbitration clauses can be challenging, but the judgement in Tarun Dhameja is a positive development.

The article challenges the ruling in Independent Sugar by examining the statutory provisions and the judicial approach to the issue.

The suspension of the MFN clause in the India-Switzerland DTAA is a significant shift in international tax treaties.

This piece begins with an appraisal of the Supreme Court’s reasoning and then addresses the remaining concerns.

The author examines the ruling where the Supreme Court refused to condone the delay of the state party citing its callous attitude.

The article urges a larger bench of the Supreme Court to address the conflation of venue and seat in arbitration clauses.

There is need for further clarification on the assignability of arbitration agreements.

This post examines the requirement of being a ‘member’ to maintain oppression and mismanagement petitions.

The author analyzes the SC judgment in Rohan Builders.

The SC ruling helps the purpose of transparency and accountability, but there is scope for improvement on the corporate political spending.

The SC in Sutanu Sinha chose from the diverging set of views on the nature of CCDs and their treatment under the IBC.

This article delves into the legal landscape on Section 9 applications and stamp duty requirements for arbitration agreements in India.

The instant ruling clarifies the precedence of the company law regime over the Bombay Stamp Act.

The court in Kozyflex takes a lax approach to the question of locus standi of companies under the 1986 Act.

It is crucial to view pre-arbitral deposits as discretionary to ensure that each party has equal access to arbitration.

To ensure the fair and just application of the GoC doctrine, clear guidance is required.

The use of a purely managerial doctrine, primarily developed for corporate governance and trade purposes, on arbitration is problematic.

This article intends to analyze how the reasoning that the doctrine operates independent of corporate law is at best evasive.

[Harshal and Shaswat are students at Gujarat National Law University.] The recent judgement passed by the Hon’ble Supreme Court of India...