Voestalpine Schienen GmBH v. DMRC: Tending Towards International Standards of Impartiality in India

 

Arbitration in India in the past couple of years has seen some major changes. As the Arbitration Amendment and Conciliation (Amendment) Act, 2015 (hereinafter “the 2015 Amendment”) brought some drastic substantive and procedural changes in arbitral jurisprudence, the Indian judiciary, starting with BALCO v. Kaiser,   has also made an attempt to make the environment as conducive as possible for arbitration, putting it on an international pedestal with the aim of making India a preferred seat of arbitration. In the recent judgment of Voestalpine Schienen GmBH (VSG) v. Delhi Metro Rail Corporation Limited (DMRC), the Supreme Court clarified Section 12 of the Arbitration and Concilliation Act, 1996 (hereinafter “the Act”) for the purposes of impartiality and neutrality required for the appointment of an Arbitrator and settled the issue at an Apex stage, though future disputes with respect to Section 12 can be expected as the adjudication was not holistic in that regard.

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US attack on Syria: Use of Force and Norm Creation

by Sujoy Sur

The United States of America fired 59 Tomahawk missiles at an air base in the Syrian town of Khan Sheikhoun on 6th April. This was 2 days after chemical weapons were used in the same Syrian town, which killed over 80 people, including at  least 20 women and 30 children. However, the question arises whether USA’s act can in any manner be held a) a legitimate response, b) a valid act in itself.Read More »

The Technostars Shall Rise

Imagining the next generation of arbitrators…

By Garv Malhotra*

     I. Introduction

The development of arbitration as a formal system of dispute resolution has transfigured it into a highly evolved version of its primitive self a century back. Alongside the process, the players have also matured into influential stakeholders with defined roles and scope of flexibility. So how have the profiles of arbitrators changed over time?Read More »