In October 2024, the Indian Department of Legal Affairs unveiled the highly anticipated Indian Arbitration and Conciliation (Amendment) Bill, 2024 (“Bill”), inviting comments and feedback on the proposed amendments. While the Bill addresses important aspects, including the formal recognition of emergency arbitration and a clarification of the longstanding ambiguity around the “venue” of an arbitration,…
2023 saw India take focused steps to strengthen and fortify its stand as a champion of arbitration, promoting a hands-off judicial approach in favor of arbitral autonomy. The year started with the Indian Supreme Court’s first step in NTPC Limited vs SPML Infra Limited, where the Supreme Court categorically held that a tribunal is the…
The Territorial Reservation under Article 1(III) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (“Convention”) presents an interesting conundrum. Despite widespread acceptance of the Convention, the Territorial Reservation continues to be a domestic limitation on the Convention’s applicability. In this post, we analyse how the Territorial Reservation ought…
