Arbitration and Conciliation Act

Arbitration and tax disputes: Hand in hand?

Income Tax - 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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Law Relating To Arbitration and Conciliation

Income Tax - Purpose of Arbitration Act is to provide quick redressal to commercial dispute by private Arbitration. Quick decision of any commercial dispute is necessary for smooth functioning of business and industry. Internationally, it is accepted that normally commercial disputes should be solved through arbitration and not through normal judicial...

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How to make the arbitration mechanism truly effective?

Income Tax - With a very laudable objective of speedy disposal of cases, Alternative Dispute Resolution Mechanism (ADR) is mooted. Among the modes of Alternative Dispute Resolution Mechanism, Arbitration is most discussed issue always as many agreements or contracts contain an Arbitration Clause now-a-days. The difference between Arbitration Mechanis...

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Is Arbitration better suited to get corporate disputes resolved?

Income Tax - Unless there is an express bar under law and when there is an arbitration agreement either express or implied, a dispute between or among the parties can be referred to an Arbitrator or panel of Arbitrators as specifically agreed to. As everybody knows, Alternative Dispute Resolution Mechanism is mooted to reduce the burden in traditional...

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Law of arbitration – company matters

Income Tax - A brief about Arbitration Mechanism: In order to reduce the delay in courts in the process of traditional adjudication mechanism, the Alternative Disposal Mechanism (ADR) was mooted. The dispute resolution through Conciliation, Arbitration and Mediation etc., is regarded as alternative mechanism to resolve the disputes between or among th...

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HLC to review Institutionalisation of Arbitration Mechanism in India

Income Tax - 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

Income Tax - 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

Income Tax - 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

Income Tax - 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

Income Tax - 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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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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Sections 8(1) & (2) of Arbitration and Conciliation Act, 1996 are mandatory in nature

Jhansi-Orai Tollyway Pvt. Ltd. Vs Bank of India (Chhattisgarh High Court) - Oppugning legality, validity and correctness of the order dated 10-2-2014 passed by the trial Court (judicial authority) in Civil Suit No. 207-A/2013 by which that Court in exercise of power conferred under Section 8(1) of the Arbitration and Conciliation Act, 1996 (hereinafter called as the ‘AC A...

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Maintainability of Application for termination of mandate of an Arbitrator

Rahul Somani Vs Ramgopal Somani (Chhattisgarh High Court) - Application for termination of mandate of an Arbitrator under Section 14(1) of the Arbitration and Conciliation Act, 1996, is maintainable before the principal Civil Court of original jurisdiction i.e. the District Judge and not before the High Court....

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Arbitral tribunal has no power to appoint Court Receiver, High Court

M/s. Shakti International Private Limited Vs M/s. Excel Metal Processors Private Limited (Bombay High Court) - The above Court Receivers Report dated 28th December, 2016 (Report) is filed by the Court Receiver, High Court, Bombay, seeking directions on Whether the Registry should accept the matters wherein the Arbitral Tribunal appoints the Court Receiver, High Court, Bombay, as a Receiver for execution of o...

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Guarantor-director cannot be dragged into arbitration

The Supreme Court (SC) ruled last week that a guarantor outside an arbitration agreement cannot be made a party to the arbitration proceedings. It reversed the judgment of the Delhi high court which had asked the guarantor to comply with the award of...

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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"

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....

Read More

Sections 8(1) & (2) of Arbitration and Conciliation Act, 1996 are mandatory in nature

Jhansi-Orai Tollyway Pvt. Ltd. Vs Bank of India (Chhattisgarh High Court)

Oppugning legality, validity and correctness of the order dated 10-2-2014 passed by the trial Court (judicial authority) in Civil Suit No. 207-A/2013 by which that Court in exercise of power conferred under Section 8(1) of the Arbitration and Conciliation Act, 1996 (hereinafter called as the ‘AC Act, 1996’) relegated the parties to ar...

Read More

Maintainability of Application for termination of mandate of an Arbitrator

Rahul Somani Vs Ramgopal Somani (Chhattisgarh High Court)

Application for termination of mandate of an Arbitrator under Section 14(1) of the Arbitration and Conciliation Act, 1996, is maintainable before the principal Civil Court of original jurisdiction i.e. the District Judge and not before the High Court....

Read More

Arbitral tribunal has no power to appoint Court Receiver, High Court

M/s. Shakti International Private Limited Vs M/s. Excel Metal Processors Private Limited (Bombay High Court)

The above Court Receivers Report dated 28th December, 2016 (Report) is filed by the Court Receiver, High Court, Bombay, seeking directions on Whether the Registry should accept the matters wherein the Arbitral Tribunal appoints the Court Receiver, High Court, Bombay, as a Receiver for execution of orders passed by it etc....

Read More

HLC to review Institutionalisation of Arbitration Mechanism in India

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

Read More
Posted Under: Corporate Law |

Constitution of HLC to review Institutionalization of Arbitration Mechanism

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...

Read More
Posted Under: Corporate Law |

Arbitration and tax disputes: Hand in hand?

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...

Read More
Posted Under: Corporate Law |

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 of the arbitration if the same had been...

Read More

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

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...

Read More
Posted Under: Corporate Law |

Guarantor-director cannot be dragged into arbitration

The Supreme Court (SC) ruled last week that a guarantor outside an arbitration agreement cannot be made a party to the arbitration proceedings. It reversed the judgment of the Delhi high court which had asked the guarantor to comply with the award of...

Read More
Posted Under: Corporate Law |
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