Arbitration and Conciliation Act

Legality of Emergency Arbitration In India: Understanding Future Retail Group vs. Amazon

Corporate Law - After a highly publicized conflict between Future Retail Ltd. and Amazon.com Investment Holding LLC, the field of emergency arbitration resurfaced in India. There have only been a few cases in India that have dealt with the enforceability of an emergency arbitrator's decision....

Judicial Intervention Under Arbitration Proceedings

Corporate Law - Arbitration provides an efficient and alternative mechanism for quick dispute resolution. It is one of the important aspects of Alternate Dispute Resolution Process. It is now days one of the most preferred course of dispute resolution process because it involves mediation and conciliation process and encourage parties to solve their disp...

Evolution of Arbitration and Conciliation Act, 1996

Corporate Law - Arbitration and Conciliation is a mode of alternative dispute resolution method. It is very effective and popular method that helps in easy delivery of justice. The person who resolves the dispute between the parties is known as an arbitrator or conciliator whatever the case may be....

A Journey to Arbitration & Conciliation (Amendment) Ordinance, 2020: A Critical Analysis

Corporate Law - President of India, Shri Ram Nath Kovind promulgated the Arbitration and Conciliation (Amendment) Ordinance, 2020 on 04th November, 2020 (Amendment Ordinance, 2020) thereby amending the Arbitration and Conciliation Act, 1996 (Arbitration Act) third time....

Stamp Duty on an Arbitral Award

Corporate Law - The decision of Arbitral Tribunal is termed as ‘Arbitral Award’ under the Arbitration and Conciliation Act, 1996 ( Arbitration Act). Pursuant to Section 28(2) of the Arbitration Act, the Arbitral Tribunal shall decide ex aequo et bono [in justice and in good faith] or as amicable compositeur only if the parties expressly authorised it...

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HLC to review Institutionalisation of Arbitration Mechanism in India

Corporate Law - Comments invited on working paper of high level committee (HLC) to review Institutionalisation of Arbitration Mechanism in India by 7 April 2017...

Constitution of HLC to review Institutionalization of Arbitration Mechanism

Corporate Law - In order to ensure speedy resolution of commercial disputes and to facilitate effective conduct of international and domestic arbitrations raised under various agreements Government has decided to constitute a High Level Committee (HLC) in the Ministry of Law and Justice...

Foreign arbitration award enforceable in India according to the Arbitration and Conciliation Act

Corporate Law - The Delhi high court has held that the foreign arbitration award in the dispute between US firm Penn Racquet Sports and Indian company Mayor International Ltd was enforceable in this country according to the Arbitration and Conciliation Act. The awar...

Award of the sole arbitrator enforceable in India: Delhi HC

Corporate Law - The Delhi high court last week declared that the award of the sole arbitrator appointed by the International Court of Arbitration in the dispute between Fittydent International GmBH and Brawn Laboratories was enforceable in India. The award was in favour of the foreign firm, which had a licence agreement with the Indian firm for manufactu...

Amendments in Arbitration and Conciliation Act 1996

Corporate Law - Dr.M.Veerappa Moily, Minister of Law and Justice will release a paper on Proposed Amendments in Arbitration and Conciliation Act, 1996 here tomorrow. The Arbitration and Conciliation Act, 1996 deals with law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards. The objects and ...

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HC directs MSME Facilitation council to decide if council is empowered to act as an Arbitrator

Sanganer Enviro Project Development Vs State of Gujarat (Gujarat High Court) - Sanganer Enviro Project Development Vs State of Gujarat (Gujarat High Court) In this case High Court has directed Micro and Small Enterprises Facilitation Council to decide the following preliminary issue- Whether the respondent No.2 i.e. Micro and Small Enterprises Facilitation Council is empowered...

SC explains how NCLT ought to proceed when Section 8, Arbitration Act application is filed

Indus Biotech Private Limited Vs Kotak India Venture (Offshore) Fund (Earlier Known As Kotak India Venture Limited) & Ors. (Supreme Court of India) - Indus Biotech Private Limited Vs Kotak India Venture (Offshore) Fund (Earlier Known As Kotak India Venture Limited) & Ors. (Supreme Court) It is clarified that in any proceeding which is pending before the Adjudicating Authority under Section 7 of IB Code, if such petition is admitted upon the A...

Article 137 of Limitation Act will govern the limitation period u/s 11 for appointment of arbitrator

Bharat Sanchar Nigam Ltd. Vs Nortel Networks India Pvt (Supreme Court of India) - Notice invoking arbitration was issued 5 1/2 years after rejection of the claims on 04.08.2014. Consequently, the notice invoking arbitration was ex facie time barred, and the disputes between the parties could not be referred to arbitration....

SC explains when a signed copy of award can be said to be delivered to parties by arbitral tribunal

Dakshin Haryana Bijli Vitran Nigam Ltd. Vs Navigant Technologies Pvt. Ltd.(Supreme Court of India) - Dakshin Haryana Bijli Vitran Nigam Ltd. Vs Navigant Technologies Pvt. Ltd. (Supreme Court) Sub-section (1) of Section 31 read with sub-section (4) makes it clear that the Act contemplates a single date on which the arbitral award is passed i.e. the date on which the signed copy of the award is deliv...

HC slams Arbitration Court for confirming unreasoned arbitral award

Hindustan Petroleum Corporation Ltd. Vs Banu Constructions (Madras High Court) - Hindustan Petroleum Corporation Ltd. Vs Banu Constructions (Madras High Court) The argument on behalf of the appellant is short and sweet: that the first principles of arbitration law do not permit an unreasoned order to be justified by supplementing reasons therefor upon looking into the evidence o...

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Arbitration and Conciliation (Amendment) Act, 2021

Notification No. 03 of 2021 - (11/03/2021) - (1) This Act may be called the Arbitration and Conciliation (Amendment) Act, 2021. (2) Save as otherwise provided in this Act, it shall be deemed to have come into force on the 4th day of November, 2020....

Arbitration & Conciliation (Amendment) Bill, 2021 introduced in Lok Sabha

Bill No. 16 of 2021 - (04/02/2021) - THE ARBITRATION AND CONCILIATION (AMENDMENT) BILL, 2021 A BILL further to amend the Arbitration and Conciliation Act, 1996. ...

Arbitration and Conciliation (Amendment) Ordinance, 2020

No. 14 of 2020 - (04/11/2020) - (1) This Ordinance may be called the Arbitration and Conciliation (Amendment) Ordinance, 2020. (2) Save as otherwise provided in this Ordinance, it shall come into force at once....

Govt notifies few sections of Arbitration and Conciliation (Amendment) Act, 2019 wef 30.08.2019

Notification No. S.O. 3154(E) - (30/08/2019) - Central Government hereby appoints the 30th August, 2019 as the date on which the provisions of the section 1, section 4 to section 9 [both inclusive], section 11 to section 13 [both inclusive] and section 15 of Arbitration and Conciliation (Amendment) Act, 2019. MINISTRY OF LAW AND JUSTICE (Depar...

Arbitration and Conciliation (Amendment) Act, 2019

Notification No. 33 of 2019 - (09/08/2019) - (1) This Act may be called the Arbitration and Conciliation (Amendment) Act, 2019. (2) Save as otherwise provided in this Act, it shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different p...

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