Corporate Law : The Supreme Court ruled that Section 34(5) is a procedural requirement and not a mandatory precondition for challenging an arbitra...
Corporate Law : A Constitution Bench held that courts can modify arbitral awards in limited situations such as correcting manifest errors and seve...
Corporate Law : Indian law permits enforcement of foreign arbitral awards unless specific exceptions apply. Courts now favour enforcement with min...
Corporate Law : The ruling clarifies that limitation for appointing an arbitrator starts only when negotiations fail and arbitration is clearly in...
Corporate Law : Gayatri Balasamy Vs ISG Novasoft Technologies Limited (Supreme Court of India) – Citation- 2025 INSC 605 Overview of the Fa...
Corporate Law : The Government invites public feedback on the Draft Arbitration and Conciliation (Amendment) Bill, 2024, aiming to enhance institu...
Finance : The Expert Committee has submitted its report on drafting institutional arbitral rules for the International Arbitration Centre at...
Corporate Law : Sub-section 3 of Section 18 of the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 provides that where the conci...
Corporate Law : Comments invited on working paper of high level committee (HLC) to review Institutionalisation of Arbitration Mechanism in India b...
Corporate Law : In order to ensure speedy resolution of commercial disputes and to facilitate effective conduct of international and domestic arbi...
Corporate Law : The Supreme Court held that applications to extend an arbitral tribunals mandate under Section 29A must be filed before the Court ...
Corporate Law : The Karnataka High Court held that the arbitral award suffered from patent illegality because the Tribunal ignored invoices showin...
Corporate Law : The Supreme Court ruled that Section 4 of the Limitation Act cannot be invoked where the prescribed limitation period expires befo...
Company Law : The NCLT held that the mere existence of an arbitration clause in a Shareholders' Agreement does not automatically require dispute...
Corporate Law : The Orissa High Court held that dismissal of a Section 34 petition on maintainability grounds effectively amounts to refusal to se...
Corporate Law : Delhi High Court mandates email and mobile service for arbitration petitions under Section 11(6) of the Arbitration Act, effective...
SEBI : SEBI issues guidance to GAIL (India) Limited on disclosing arbitral proceedings details as per LODR Regulations, ensuring complian...
Corporate Law : 1) These regulations may be called the India International Arbitration Centre (Conduct of Arbitration) Regulations, 2023. (2) T...
Corporate Law : New Delhi International Arbitration Centre (Amendment) Bill, 2022 is Introduced in Lok Sabha to to change the name of the Centre f...
Corporate Law : (1) This Act may be called the Arbitration and Conciliation (Amendment) Act, 2021. (2) Save as otherwise provided in this Act, it ...
The share trading disputes are dealt with by the Stock Exchanges under the regulatory framework designed by the Securities and Exchange Board of India (SEBI). The law of limitation plays a crucial role in the setup.
Explore the crucial role of expert evidence in International Commercial Arbitration. Learn about the requirements for presenting expert evidence, the duties of expert witnesses, and the considerations in appointing experts. Delve into judicial precedents that shape the use of expert evidence and the balance between party-appointed and tribunal-appointed experts. Understand the significance of expert guidance in resolving disputes, especially in industries like construction and infrastructure.
In this article, the author reflects upon the growing businesses in the country, with huge economic ambitions at hand and how this growth in businesses will parallelly scale up the finances involved in commercial arbitration, making third party funding more common and preferable mode of financing the process of arbitration in the near future.
Explore the world of Arbitration and Conciliation as alternative dispute resolution (ADR) methods, offering flexibility, confidentiality, and a neutral third-party approach. Discover how arbitration involves binding decisions by arbitrators chosen by the parties, providing a voluntary and efficient process. Learn about conciliation as a non-binding, facilitative approach where a conciliator helps parties reach a voluntary settlement, fostering open communication and confidentiality. Uncover the advantages of these ADR methods in resolving disputes outside traditional court proceedings.
Explore the impact of the Vidya Drolia judgment on the jurisdiction of arbitration tribunals in deciding the existence and validity of arbitration agreements. Understand the evolving landscape post the 2015 amendment and conflicting decisions shaping the scope of judicial intervention in pre-arbitral disputes.
High Court of Calcutta has made a significant pronouncement on the practice of banking and financial institutions unilaterally appointing arbitrators. The court has deprecated this practice and refused to enforce an award that was passed by a unilaterally appointed arbitrator.
International commercial arbitration is a process by which parties to an international contract can resolve their disputes without having to go through the courts. However, corruption in this system has become a major concern in recent years. It is estimated that up to 10% of all international commercial arbitration cases involve some form of bribery or other corrupt activities.
Madhya Pradesh High Court held that as petition under section 11(6) of the Arbitration and Conciliation Act, 1996 not maintainable as there was an agreement on procedure to be followed for appointing an arbitrator.
Even before the law was codified there was an old tradition to settle the disputes amicably through arbitration and in order to make it easier and more systematic, the Arbitration Act, 1940 was enacted by Act No.10 of 1940 on 11.03.1940 to consolidate and amend the law relating to arbitration.
Bombay High Court held that the clause contained in the invoices which clearly stipulate a reference to arbitration, deserve to be construed as an arbitration clause as parties duly acted upon the invoice. Accordingly, clause squarely fall within the ambit of Section 7 of the Arbitration and Conciliation Act, 1996
