Niti Dixit

Levelling the Playing Field: Supreme Court Decides on Unilateral Appointment of Arbitrators

State-owned enterprises (“SOEs”) in India have historically stipulated in their commercial contracts that arbitrators must be chosen from a panel pre-determined by the SOEs. These clauses have been challenged as being unfair, but Indian courts have taken differing views in the matter. A five-judge b

The New India-UAE BIT: Changing the Model BIT by BIT

The new bilateral investment treaty (“BIT”) signed by India and the United Arab Emirates (“UAE”) earlier this year replaces the 2013 India-UAE BIT and entered into force on August 31, 2024. The 2024 India-UAE BIT seeks to stimulate investment across a broad range of sectors and marks a key policy sh

Deficiently Stamped Arbitration Agreements: The Supreme Court Finally Decides

In April 2023, a five-judge bench of the Supreme Court issued a decision in N.N. Global Mercantile Private Limited v. Indo Unique Flame Limited (“NN Global 2”) which held that a deficiently stamped agreement is void, unenforceable and cannot exist in law. Further, the Supreme Court in NN Global 2 he