Last Updated August 23, 2018

Law and Practice

Contributed By S&R Associates

Authors



S&R Associates is a full-service law firm with offices in Mumbai and New Delhi providing clients nationwide and internationally with a full range of services. S&R’s practice areas include litigation and arbitration; mergers and acquisitions; private equity; capital markets; banking, finance and restructuring; competition; regulation; and general corporate. Lawyers have represented clients on complex arbitration disputes, including in relation to: investor-state arbitration and bilateral investment treaty claims; disputes arising from joint-venture and shareholder agreements; oil and gas disputes; construction and infrastructure disputes; disputes in relation to commodities trading; and general commercial disputes. The firm has extensive experience in institutional and ad hoc arbitration and acts in a range of commercial disputes, both multi-jurisdiction and domestic. S&R has advised on ad hoc proceedings under the Arbitration and Conciliation Act, 1996 and institutional arbitration under, among others, the rules of the International Chamber of Commerce, the London Court of International Arbitration, the Singapore International Arbitration Centre, the American Arbitration Association, the International Centre for Dispute Resolution and the Hong Kong International Arbitration Centre. The firm also advises and represents clients in award enforcement proceedings in India.

The Act accepts and reinforces, in Section 16(1)(a) and 16(1)(b), the premise that an arbitration clause which forms part of a contract is separable from the underlying contract and is to be treated as an agreement independent of the other terms of the contract. Section 16(1)(b) of the Act specifically envisages that a finding that the underlying contract is null and void shall not ipso facto invalidate the arbitration agreement. However, in relation to contracts which parties could not have executed, as a matter of Indian law, or in relation to which circumstances existed to render the contract void ab initio, the arbitration agreement may also be invalid.

S&R Associates

64, Okhla Industrial Estate Phase III
New Delhi 110 020
India

+91 11 4069 8000

+91 11 4069 8001

ndixit@snrlaw.in www.snrlaw.in
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Authors



S&R Associates is a full-service law firm with offices in Mumbai and New Delhi providing clients nationwide and internationally with a full range of services. S&R’s practice areas include litigation and arbitration; mergers and acquisitions; private equity; capital markets; banking, finance and restructuring; competition; regulation; and general corporate. Lawyers have represented clients on complex arbitration disputes, including in relation to: investor-state arbitration and bilateral investment treaty claims; disputes arising from joint-venture and shareholder agreements; oil and gas disputes; construction and infrastructure disputes; disputes in relation to commodities trading; and general commercial disputes. The firm has extensive experience in institutional and ad hoc arbitration and acts in a range of commercial disputes, both multi-jurisdiction and domestic. S&R has advised on ad hoc proceedings under the Arbitration and Conciliation Act, 1996 and institutional arbitration under, among others, the rules of the International Chamber of Commerce, the London Court of International Arbitration, the Singapore International Arbitration Centre, the American Arbitration Association, the International Centre for Dispute Resolution and the Hong Kong International Arbitration Centre. The firm also advises and represents clients in award enforcement proceedings in India.

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