Sworn into the Supreme Court on October 27, 2020, the third Supreme Court nominee from President Donald Trump is poised to set a conservative supermajority on the highest court. Justice Amy Coney Barrett, a judge from the 7th Circuit Court of Appeals, took the seat vacated by Ruth Bader Ginsburg, who had passed away on September…
Emergency Arbitration: The Unsung Hero of International Arbitration
Emergency arbitration. You know it, you…probably don’t think much about it, honestly. But the introduction of emergency arbitration is one of the most important recent changes in the field of international arbitration. Many parties agree to international arbitration because they would prefer to avoid local or national courts, some because bringing a case to court can be…
Inclusion of Emergency Arbitrations: A Step in the Right Direction?
The Arbitration and Conciliation Act, 1996 (“the Act”) provides for interim reliefs from both Courts and Arbitral tribunals. However, the latter has the authority to grant these reliefs only after its formation. Accordingly, both these procedures, under normal circumstances, have proved to be quite lengthy in nature. Thus, in order to provide urgent relief to the parties,…
Limitation Period for Enforcing Foreign Awards: Is the Confusion Settled?
On September 16, 2020, the Indian Supreme Court in Government of India v. Vedanta Ltd (‘Vedanta’) settled the ambiguity regarding the applicability of the limitation period for the enforcement of foreign arbitral awards in India. In the year 2008, arbitral proceedings were initiated between Government of India (‘GOI’) and Vedanta Ltd., with Malaysia as the seat. Subsequently,…
Arbitration in Times of Restrained Social Relations Due to the COVID-19 Pandemic
The year 2020 will be remembered in history as the year in which humanity faced the COVID-19 pandemic. It seems that it will remain our day-to-day concern for some time with devastating effects on the economies of developed and developing countries all around the world. Another consequence of the pandemic is that many domestic judicial…
