Arbitration Archives

Indian courts strengthen enforceability of foreign awards amid FEMA challenges

ArticlesJanuary 19, 2026281Views 0Likes 0Comments

Indian courts strengthen enforceability of foreign awards amid FEMA challenges by Supreme Waskar (Partner) and Dipesh Nassa (Associate) The Indian foreign exchange laws (FEMA) inter-alia mandates that an inbound cross-border transaction shall not guarantee “assured returns” or be executed at a price below Fair Market Value (FMV). Despite these prohibitions, the jurisprudence on enforcing foreign awards…

Modification of Award while hearing Section 34 petition under Arbitration & Conciliation Act, 1996 not permissible

ArticlesOctober 9, 20241KViews 0Likes 0Comments

Modification of Award while hearing Section 34 petition under Arbitration & Conciliation Act, 1996 not permissible By Purazar Fouzdar, Partner and Ruddhi Bhalekak, Associate S.V. Samudram vs. State of Karnataka & Anr Corum- J. Sanjay Karol Issue for consideration: Whether the High Court of Karnataka (Dharwad Bench) was justified in confirming the order dated 22nd April 2010…

Limitation period for initiating proceedings

ArticlesOctober 9, 20241KViews 0Likes 0Comments

Limitation period for initiating proceedings By Purazar Fouzdar, Partner and Declan Fernandez, Associate In a recent judgement, the Hon’ble Supreme Court of India’s has delved deeply into the intricacies of the arbitration process in India, particularly focusing on the applicability of the Limitation Act, 1963 (“Limitation Act”) to arbitration proceedings under Section 11 of the…

High Courts not having original civil jurisdiction

ArticlesOctober 9, 2024863Views 0Likes 0Comments

High Courts not having original civil jurisdiction By Purazar Fouzdar, Partner and Ruddhi Bhalekak, Associate Case Title: Chief Engineer (NH) PWD (ROADS) versus M/s. BSC & C and C JV, Hon’ble Supreme Court of India, SLP No. 10544/2024. Decision date: 13th May 2024 Coram: Hon’ble Mr. Justice Abhay S. Oka and Hon’ble Mr. Justice Ujjal Bhuyan Brief Facts:…