Urvashi Misra, Author at Kluwer Arbitration Blog

Three Steps Forward, One Step Back? The Indian Supreme Court’s Annulment of an Award

Urvashi Misra, Durga Priya Manda (AZB & Partners)/April 28, 2024May 3, 2024 /Leave a comment

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…

Enforcement, India, New York Convention

India’s Territorial Reservation: Approach of Indian Courts in Referring Parties to Foreign Arbitration

Abhijnan Jha, Urvashi Misra, Durga Priya Manda (AZB & Partners)/April 8, 2024April 7, 2024 /Leave a comment

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…