Articles

Analysing the Enforcement Of Foreign Arbitral Awards In Light Of the Vijay Karia Case

Section 34 of the Arbitration and Conciliation Act, 1996 (Hereinafter “Act”) lays down the basis for setting aside arbitral awards made in domestic and foreign arbitrations held in India. Though international awards cannot be contested in India, the compliance of such awards in India may be validly challenged by the award debtor on the grounds set out in Section 48 of the Act. The grounds set under both these sections are almost similar, one of the grounds being that the arbitral award is found contrary to the “public policy of India”. The question of the constituent elements of “public policy” have been discussed in a number of cases, however, in a recent case of Vijay Karia & Ors. V. Prysmian Cavi E Sistemi Srl & Ors, the SC drew attention to this point viz-a-viz foreign award.

Explained: The New OTT Regulations

The OTT or Over Top Platforms are the media services. They enable the audience to consume their favourite TV shows and films via streaming on an app or website. For Example- Netflix, Disney+ Hotstar, Amazon Prime Video, MX Player, Hulu, Alt Balaji...

Explained: Ola and Uber Regulations under the Motor Vehicle Amendment Act, 2019

The Ministry of Road transport and highways has come up with the much-awaited motor vehicle aggregator guidelines for US-based Uber and Bangalore based Ola cabs. These guidelines came under the Motor Vehicle Amendment Act, 2019. Through these guidelines, the...

Blockchain and IPR: A Breakthrough Collaboration

Overview Law and technology are complementary to each other in the sense that, when a new technology is developed the law ensures the protection of it as an Intellectual Property (“IP”) asset similarly, at the time the law needs to...

The Dynamic Workplace in a Work From Home Era

Introduction The Prohibition of Sexual Harassment Act 2013 (“POSH”) was enacted to ensure safe working spaces for women and to build enabling work environments that respect the working woman’s right to equality of status and opportunity. Sexual harassment, as defined...

Economy: Hanged in Between of Fill Up and Tape Up

The Backdrop of Holding Debt: Which Objective to Satisfy, A Never-Ending Trade-Off! Have you ever tried to fill an empty bucket, with a hole underneath it? Any guesses on how long would it take to fill the bucket? Though it...

Global Trend in Private M&A

In 2019, worldwide Merger and Acquisition (“M&A”) activity switched down a gear although it changed into nonetheless the 1/3 most powerful year in a decade in terms of fee and transaction quantity. With macroeconomic issues which include persevering with...

A Step Towards Strengthening Human Capital in India

Economic announcements are cardinal instances in our country. Being one of the most populous countries with variegated classes of people, policy announcements are a nail-biter for every individual. One of the major economic announcements is the yearly budget, wherein...

What Reforms are Required in the Health and Wellness Sector in India?

Healthcare is related to political and economic correspondence and is a very lucrative industry for independent athletes. Private sectors, government officials and politicians make sure that the health sector remains in the hands of private players. If we look...

Regulating Online Fantasy Sports Platforms – Recent Updates and Discussion Paper

The Indian gaming industry has received a significant boost after the widespread use of smartphones. While cricket is touted to be one of the most dominating games in the arena, games such as hockey, kabaddi, football, basketball, volleyball, and...
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Job Post: Vacancy for Associate at Sony Pictures Networks India Private Limited, Mumbai

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Analysing the Enforcement Of Foreign Arbitral Awards In Light Of the Vijay Karia Case

Section 34 of the Arbitration and Conciliation Act, 1996 (Hereinafter “Act”) lays down the basis for setting aside arbitral awards made in domestic and foreign arbitrations held in India. Though international awards cannot be contested in India, the compliance of such awards in India may be validly challenged by the award debtor on the grounds set out in Section 48 of the Act. The grounds set under both these sections are almost similar, one of the grounds being that the arbitral award is found contrary to the “public policy of India”. The question of the constituent elements of “public policy” have been discussed in a number of cases, however, in a recent case of Vijay Karia & Ors. V. Prysmian Cavi E Sistemi Srl & Ors, the SC drew attention to this point viz-a-viz foreign award.