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Centre for Alternative Dispute Resolution,
RGNUL, Punjab
ONGC Petro Additions v. Fernas Construction: Clarifying the Retrospective Reach of Section 29A
Tushar Behl, Ankit Singh* The inclusion of Section 26 by way of amendments to the Indian Arbitration and Conciliation Act ('Act'), in the year 2015 cleared the air concerning the debate of retrospectivity by providing, that the amendment would not apply to arbitration proceedings commenced before 23 October 2015. Another noteworthy provision was Section 29A, which was inserted to address the malady of never-ending adjudication that had troubled the majority of arbitration pr
Tushar Behl & Ankit Singh
Dec 11, 20208 min read
Fundamental Policy of Indian Law and Enforcement of Foreign Arbitral Awards in India
Dr. Ananya Pratap Singh* The expression ‘public policy’ is a ground for resisting both foreign and domestic awards under Section 48(2)(b) and Section 34(2)(b)(ii) of the Arbitration & Conciliation Act, 1996 (‘Indian Arbitration Act’). At the inception of the Indian jurisprudence, public policy in respect of foreign award was interpreted to inter alia include ‘fundamental policy of Indian law’ besides the interests of India and justice or morality. However, later while interpr
Dr. Ananya Pratap Singh
Apr 28, 202011 min read
Limitation Period under Section 8(1), ACA 1996 – A Conundrum of Judicial Precedents
Dr. Ananya Pratap Singh* The article critically examines the phrase “not later than the date of submitting” in Section 8(1) of the Arbitration and Conciliation Act, 1996, post-2015 amendment. It argues that the amendment introduces a definitive limitation period tied to the written statement timeline, curbing delays. Through case law analysis, particularly SSIPL v. Vama Apparels, it clarifies waiver of arbitration rights and affirms a stricter, time-bound approach to invoking
Ananya Pratap Singh
Mar 17, 202010 min read
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