Intisar Aslam* “When I am representing a client in an arbitration, what I am really looking for in a party-nominated arbitrator is someone with the maximum predisposition towards my client, but with the minimum appearance of bias.” -Prof. Martin Hunter [1] Introduction The appointment of an arbitrator is a cornerstone of all the arbitration proceedings across the world. However, this appointment has been marred by blemishes of unilateral appointment i.e. an arbitrator is appo

Shreya Ahuja, Yasha Goyal Enforcement of arbitral awards has always been a challenge under the Indian regime. Foreign awards are enforceable under part II of the Arbitration and Conciliation Act, 1996. With progress in arbitration and various amendments, foreign companies are inclined towards investing in India. Although, there have been multiple cases of lacunae in enforcement. One such case is the investment arbitral award, wherein the parties even after getting the award f

Ashwin Sasikumar, Husain Attar Introduction One of the main goals of International Commercial Arbitration is to provide a measure of certainty with respect to the resolution of international commercial disputes; in terms of the governing laws, procedures, and forum. Yet, with arbitration becoming ubiquitous in international commercial practice, difficult legal questions increasingly arise before domestic courts. One for instance is the Group of Companies Doctrine ('the Doctr

Aman Kumar Yadav, Arjun Chakladar Introduction The Gujarat High Court in the landmark case of GE Power Conversion Pvt. Ltd. v. PASL Wind Solutions Pvt. Ltd. held that Indian parties are entitled to choose a seat of arbitration outside India as a foreign or neutral seat and such an agreement is not in violation of public policy of India. The Gujarat High Court's ruling in the present case, has been hailed as a “pro-arbitration ruling”, by allowing two domestic entities the rig

Abhishek Kurian, Yash Kapadia Introduction In what has been described as an end to the long-running debate apropos the approach to be followed by an arbitral tribunal to determine the law applicable to an arbitration agreement, the U.K. Supreme Court ('UK SC'), recently through its judgement in Enka Insaat Ve Sanayi AS ('Enka') v. OOO Insurance Company Chubb ('Chubb') [2020 UKSC 38] finally set a solid precedent in cases where it is not expressly or impliedly mentioned. The U

Aditi Mozika* Introduction The English Court of Appeal delivered its judgment in Enka Insaatve Sanayi S.A. v. OOO “Insurance Co Chubb” on 29th April, 2020. Through the judgment, it provided the much-needed clarification on law relating to anti-suit injunctions. The court also explained the test that should be applied to determine the law that would govern an arbitration agreement where the agreement itself is silent on the law that would apply to it. In doing so, it spelled o