The course is intended to make the participants industry ready by delving into real cases arising in various jurisdictions including England and Wales, Civil Law jurisdictions and the emerging conundrums faced by arbitrators in wake of evolving jurisprudence around arbitration including but not limited to sectoral arbitrations as well as various aspects surrounding the unsettled positions of law (Re: Delhi Metro Rail Corporation Ltd. v Delhi Airport Metro Express Pvt. Ltd, Kabab-ji , Enka, Arcelor Mittal etc).

This is strictly within the contours of International Commercial Arbitration and directed at the evolving practices around the globe, which may not necessarily reflect in the A&C Act of India. The inclusion of commercial arbitration is strictly to bind the discussions in the classroom to surround the various complications which have stemmed through Halliburton,

Enka, Kabab-ji, Vidya Drolia and reflecting back to Booz Allen.

The primary reading for the course would the ICC published awards and the cases which I personally have handled (with due respect to the confidentiality and redaction as appropriate) Some of the cases that we could be discussing would be

1. OʹCallaghan v Coral Racing Ltd [1998] APP.L.R. 11/19

2. P. Dasaratharama Reddy Complex v. Govt. of Karnataka (2014) 2 SCC 201

3. Booz Allen and Hamilton Inc. Vs SBI Home Finance Ltd. and Ors AIR 2011 SC 2507, 2011 (2) ArbLR 155 (SC), 2011 4 AWC 3656 SC, JT 2011 (5) SC 198, 2011 3 LW 149, 2011 (5) MahLJ 8, 2011 (5) SCALE 147, (2011) 5 SCC 532, 2011 (2) UJ 1472 (SC)

4. International Research Corpn. Plc v. Lufthansa Systems Asia Pacific Pte Ltd. 2012 SGHC 226

5. Carus Wilson and Green [1886] 18 QBD 7

6. Bharat Aluminium v. Kaiser Technical Services, Civ App 3678 of 2007 (28 January 2016)

7. A. Ayyasamy vs. A. Paramasivam (2016) 10 SCC 386

8. Fulham Football Club (1987) Limited v Sir David Richards [2011] EWCA Civ 855

9. Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38

10. Kabab-Ji-SAL v Kout Food Group [2021] UKSC 48

11. Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48

12. Cass. civ. 1, 18 March 2015, Revue de l’arbitrage, 2015, p. 632

13. Boralex Energie France v. Innovent RG 20/10166 – N° Portalis 35L7-V-B7E-CCC7R

This is not an exhaustive list but an indication of the touch of civil and common law jurisdictions.

A hybrid of classroom discussion through case analysis, comparative private international law and simulation.

DRSP:

This course is intended to expose the students to the evolving regime of the International Arbitral Process including but not limited to

1) Major issues that have arisen in Arbitration & Conciliation Act – for example, Force Majeure, hardship in performance, online hearings and seat of award, Stamp Duty

2) Adaptability of ADR in the light of HCCH convention

3) Enforceability concerns

4) Interplay of arbitration with other laws – Insolvency & bankruptcy code, specific performance etc

5) Alignment of Indian laws – a critique – example-

a) are the recent amendments enough to cover the international arbitration challenges

b) practical difficulties in Section 9, 11, 34 challenges

c) Challenges in ‘public policy’ interpretation