Articles and Updates

• Vasanth Rajasekaran - 26-05-2021

In a recent decision in NTPC Ltd. v. M/s Deconar Services Pvt. Ltd.1, the Hon'ble Supreme Court reiterated that the Courts do not sit in appeal over the arbitral award and must give way to a possible view taken by the arbitrator. The present article briefly examines the findings rendered by the Hon'ble Supreme Court in the matter mentioned above.

• Gautam Bhatikar , Biswadeep Chakravarty and Madhavi Doshi - 26-05-2021

In an interesting decision1, the Supreme Court of India ("Supreme Court") reaffirmed the principle of judicial non-intervention over arbitral awards passed even under the Arbitration Act, 1940 ("Act").

• Vasanth Rajasekaran and Harshvardhan Korada - 26-05-2021

In a recent decision of the Hon'ble Supreme Court in Lalit Kumar Jain v. Union of India1, the provisions of the Insolvency and Bankruptcy Code, 2016 (IBC) concerning the liability of the personal guarantors to the corporate debtors were upheld. With the decision in place, the creditors can now initiate insolvency proceedings against individuals such as promoters, managing directors and chairpersons who stand as personal guarantors on the monies lent or goods and services extended to the corporate debtors. The decision concerns the challenge brought to the notification (Notification) dated 15 November 2019 issued by the Ministry of Corporate Affairs, which introduced a host of provisions2 making personal guarantors liable to insolvency proceedings under the IBC. The present article briefly summarises the findings of the Hon'ble Supreme Court in the decision mentioned above.

• Vasanth Rajasekaran , Saurabh Babulkar , Anand Chichra and Harshvardhan Korada - 26-05-2021

The Supreme Court in its recent judgement of 'Uttar Pradesh Power Transmission Corporation Ltd. v. CG Power and Industrial Solutions Ltd. & Anr.'1 held that the courts can entertain writ petitions in contractual disputes, despite existence of arbitration clauses. The Supreme Court enunciated the said point of law in the factual matrix detailed below.

• Vasanth Rajasekaran and Harshvardhan Korada - 26-05-2021

The Madras High Court (High Court), in a recent decision in ADM International Sarl v. Sunraja Oil Industries Pvt. Ltd. and Ors.1, had the opportunity to discuss the principal conditions for granting an anti-arbitration injunction. The High Court reiterated the findings of the Delhi High Court in McDonald's India Pvt. Ltd. v. Vikram Bakshi and Ors.,2 wherein it was held that the court would grant an anti-arbitration injunction only when the arbitration agreement is (i) null and void, (ii) inoperative or (iii) is incapable of being performed. The present article briefly examines the findings of the High Court in the matter mentioned above.