Arbitration and Conciliation Act

Arbitration Laws In India – Litigation, Arbitral Award And Alternative Dispute Resolution

Corporate Law - Arbitration comprises of a panel of Arbitrators which can be selected by the parties and such process is a very common gesture to analyse and consummate a dispute through understanding the disparity between any contractual obligations or indenture. Notwithstanding, such freedom of process imparted to the parties, “The Arbitration and Co...

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Recent developments in the Arbitration sector in India

Corporate Law - While there has been a plethora of legislative changes, the air of arbitration as a quicker and preferred mode of dispute resolution mechanism has also been contributed by judiciary through its pronouncements. The courts in India recently have made consistent efforts to free arbitration from laches....

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From Ad-Hoc to Institutional Arbitration: Need of the Hour

Corporate Law - Responding to the claims of inefficiency and unpredictability of the Arbitration Act, 1940, the Indian Government enacted the 1996 Arbitration and Conciliation Act based upon the UNCITRAL Model Law. The new Act reflected the Parliament’s will to expedite the arbitration process, modernize the arbitration regime, increase acceptance to p...

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Prefer an Independent ‘Agreement of Arbitration’

Corporate Law - Whether incorporating the ‘Arbitration Clause’ in any ‘Contract Agreement’ is commendable? OR, the Independent ‘Agreement of Arbitration’ is better?...

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Arbitration and tax disputes: Hand in hand?

Corporate Law - While the Indian Government is going all out to create a positive India outline, however, it is a reality that the World Bank's Ease of Doing Business 2015 report puts India as low as 186 on the criteria of contract enforcement. India strongly believes in the rule of law but an important aspect in doing business is factored out of the eas...

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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...

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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...

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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...

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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...

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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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Sec 14 of Limitation Act applies only when application Sec 34 of Arbitration Act filed within time at first instance

Oriental Insurance Co. Ltd. Vs M/s Tejparas Associates & Exports Pvt. Ltd. (Supreme Court of India) - Wherein condonation of delay sought was not for filing the petition under Section 34 of Arbitration Act, 1996 for the first time but for the delay of 8 days in re-presenting the petition beyond the date fixed after it was returned under Order 7 Rule 10 of the Civil Procedure Code before the District...

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Arbitration Act: Additional evidence cannot be permitted in Section 34 proceedings: SC

M/s. Canara Nidhi Limited Vs M. Shashikala And Others (Supreme Court) - M/s. Canara Nidhi Limited Vs M. Shashikala And Others (Supreme Court) Conclusion: Since proceedings under Section 34 were summary proceedings and was not in the nature of a regular suit and in the arbitration proceedings, the parties had sufficient opportunity to adduce oral and documentary evidence...

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Arbitrator Appointment not possible if jurisdiction of Designated Officer cannot be invoked by both parties to dispute

South Delhi Municipal Corporation Vs South Delhi Municipal Corporation (Supreme Court of India ) - The agreement between the parties provides the competent officer and the Commissioner with supervisory control over the execution of work and administrative control over it from time to time and thus to prevent disputes. The intention is not to provide for a forum for resolving disputes. Thus, no Ar...

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Conduct of arbitral proceeding should speak itself to draw inference of impartiality

Col. J.P.S. Yadav Vs South Eastern Coalfields Limited (High Court Chhatisgarh) - Col. J.P.S. Yadav Vs South Eastern Coalfields Limited (High Court Chhatisgarh) Consequently, evaluating the facts, the finding that the notices were sent under the camouflage cover of SECL concealing the name of the sole arbitrator on 20.9.1993 and 28.10.1993 would be important. Further, the Cour...

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Arbitrator cannot Lift Corporate Veil: Delhi HC

Sudhir Gopi Vs Indira Gandi National Open Univercity and ANR. (Delhi High Court) - Decision of the arbitral tribunal to pierce the corporate veil is fundamentally flawed. It falls foul of the fundamental policy of Indian law that recognises that a company is an independent juristic person....

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

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...

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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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Govt amends Fourth Schedule of Arbitration and Conciliation Act, 1996

Notification No. S.O. 5674(E) - (12/11/2018) - In the Fourth Schedule to the Arbitration and Conciliation Act, 1996, under the heading ‘Sum in dispute’, against the entry ‘Above Rs.10,00,00,000 and up to Rs.20,00,00,000’, the model fee is inadvertently mentioned as ‘Rs.12,37,500 plus 0.75 per cent. of the claim amount over and above Rs...

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Arbitration and Conciliation (Amendment) Act, 2015

NO. 3 OF 2016 - (31/12/2015) - in the case of an arbitration other than international commercial arbitration, the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter...

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Recent Posts in "Arbitration and Conciliation Act"

Arbitration Laws In India – Litigation, Arbitral Award And Alternative Dispute Resolution

Arbitration comprises of a panel of Arbitrators which can be selected by the parties and such process is a very common gesture to analyse and consummate a dispute through understanding the disparity between any contractual obligations or indenture. Notwithstanding, such freedom of process imparted to the parties, “The Arbitration and Co...

Read More
Posted Under: Corporate Law |

Sec 14 of Limitation Act applies only when application Sec 34 of Arbitration Act filed within time at first instance

Oriental Insurance Co. Ltd. Vs M/s Tejparas Associates & Exports Pvt. Ltd. (Supreme Court of India)

Wherein condonation of delay sought was not for filing the petition under Section 34 of Arbitration Act, 1996 for the first time but for the delay of 8 days in re-presenting the petition beyond the date fixed after it was returned under Order 7 Rule 10 of the Civil Procedure Code before the District Judge,...

Read More

Arbitration Act: Additional evidence cannot be permitted in Section 34 proceedings: SC

M/s. Canara Nidhi Limited Vs M. Shashikala And Others (Supreme Court)

M/s. Canara Nidhi Limited Vs M. Shashikala And Others (Supreme Court) Conclusion: Since proceedings under Section 34 were summary proceedings and was not in the nature of a regular suit and in the arbitration proceedings, the parties had sufficient opportunity to adduce oral and documentary evidence, therefore, there was no necessity of a...

Read More

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

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 (Department of Legal Affairs) NOTIFICATION New...

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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 provisions of this Act and any reference ...

Read More

Recent developments in the Arbitration sector in India

While there has been a plethora of legislative changes, the air of arbitration as a quicker and preferred mode of dispute resolution mechanism has also been contributed by judiciary through its pronouncements. The courts in India recently have made consistent efforts to free arbitration from laches....

Read More
Posted Under: Corporate Law |

From Ad-Hoc to Institutional Arbitration: Need of the Hour

Responding to the claims of inefficiency and unpredictability of the Arbitration Act, 1940, the Indian Government enacted the 1996 Arbitration and Conciliation Act based upon the UNCITRAL Model Law. The new Act reflected the Parliament’s will to expedite the arbitration process, modernize the arbitration regime, increase acceptance to p...

Read More
Posted Under: Corporate Law |

Arbitrator Appointment not possible if jurisdiction of Designated Officer cannot be invoked by both parties to dispute

South Delhi Municipal Corporation Vs South Delhi Municipal Corporation (Supreme Court of India )

The agreement between the parties provides the competent officer and the Commissioner with supervisory control over the execution of work and administrative control over it from time to time and thus to prevent disputes. The intention is not to provide for a forum for resolving disputes. Thus, no Arbitrator could have been appointed by th...

Read More

Govt amends Fourth Schedule of Arbitration and Conciliation Act, 1996

Notification No. S.O. 5674(E) (12/11/2018)

In the Fourth Schedule to the Arbitration and Conciliation Act, 1996, under the heading ‘Sum in dispute’, against the entry ‘Above Rs.10,00,00,000 and up to Rs.20,00,00,000’, the model fee is inadvertently mentioned as ‘Rs.12,37,500 plus 0.75 per cent. of the claim amount over and above Rs.1,00,00,000/’ instead of ‘Rs.12,37,...

Read More

Conduct of arbitral proceeding should speak itself to draw inference of impartiality

Col. J.P.S. Yadav Vs South Eastern Coalfields Limited (High Court Chhatisgarh)

Col. J.P.S. Yadav Vs South Eastern Coalfields Limited (High Court Chhatisgarh) Consequently, evaluating the facts, the finding that the notices were sent under the camouflage cover of SECL concealing the name of the sole arbitrator on 20.9.1993 and 28.10.1993 would be important. Further, the Court held that no service was affected to ...

Read More

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