Corporate Law : Explore the necessity of expanding access to international arbitration, its benefits, challenges, and implications for global disp...
Corporate Law : Exploring Game Theory in International Arbitration & Third-Party Funding: A Strategic Analysis. Delve into the nuances of funding ...
Corporate Law : Learn about mediation settlement agreements, their importance, components, advantages, and drawbacks. Understand their enforceabil...
Corporate Law : Explore the intricacies of time limits in arbitration under the Arbitration and Conciliation Act, 1996. Understand the impact of t...
Corporate Law : Exploring the role of Public International Law in development of Investment Treaty Arbitration Rules. Learn how PIL influences the...
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 Delhi high court has held that the foreign arbitration award in the dispute between US firm Penn Racquet Sports and Indian com...
Corporate Law : Telangana High Court mandates reasoned decisions in disputes over due amounts under the Arbitration Act. Analysis of PBSAMP Projec...
Corporate Law : Delhi High Court's judgment clarifies that IBC proceedings don't preclude court jurisdiction for Section 11 applications under the...
Corporate Law : Delhi HC mandates Central Registrar to appoint an arbitrator under Section 84 of the Multi-State Cooperative Societies Act in a di...
Corporate Law : Delhi High Court validates arbitration clause in hyperlinked terms and conditions, emphasizing their enforceability in online agre...
Corporate Law : The court examined the legal provisions and previous judgments, emphasizing the disqualification of an arbitrator with an interest...
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 ...
Vivek Mehta Vs KaRRs Designs & Developments (Bombay High Court) In the present case, the MOU is executed on stamp paper of Rs.100/-. Thus, there is no question of the document being “unstamped”. It is at best insufficiently stamped and if a document is insufficiently stamped, then we have to consider the effect of the […]
Hasmukh Prajapati Vs Jai Prakash Associates Ltd. (Allahabad High Court) Facts- There was a dispute between the Petitioner and the Respondent with regard to payments in respect of an apartment. When the matter reached the stage of Arbitration, the Petitioner claimed that, as per the agreement, in case of any dispute arising between the parties, […]
Parthasarathy Vs E Springs Avenues Pvt. Ltd. (Supreme Court) Supreme Court held High Court has no jurisdiction under Section 37 of the Arbitration and Conciliation Act, 1996 to remand the matter to the same Arbitrator unless it is consented by both the parties that the matter be remanded to the same Arbitrator. FULL TEXT OF […]
UOI Vs Aps Structures Pvt. Ltd (Delhi High Court) It is well settled that recourse to Section 14 of the A&C Act is not available in respect of any challenge to the arbitrator under Section 12(1) of the A&C Act. Such a recourse is permissible only in the event the arbitrator is ineligible by virtue […]
Supreme Court held that an arbitrator allowing an application to modify an original award in exercise of powers under section 33 of Arbitration and Conciliation Act, 1996, was not sustainable if there was no arithmetical and/or clerical error in the award.
The Arbitrator is the final arbiter of the disputes between the parties and it is not open to a party to challenge the Award on the ground that he has drawn his own conclusions or has failed to appreciate certain facts.
Arbitration as a mechanism of resolving disputes is now widespread in contracts all across the world. It is owing to the courts being infamous for taking too much time to resolve a dispute due to their overworked systems.
Subramaniyan N.N Vs. Anwar. C.K (Kerala High Court) Sub-section (2) of Section 13 of the Arbitration and Conciliation Act, 1996 lays down the procedure to challenge the appointment of an arbitrator. True, sub-section (4) of Section 13 provides that if such a challenge is not successful, the arbitral tribunal shall continue the arbitral proceedings and […]
Increasing international trade and global business venture growth around the globe have been rapidly increasing over the years, this also has a major drawback of growing conflicts between the nations thereby in order to overcome such conflicts and amicably settle dispute the law of international commercial arbitration has a very important role to play.
EIG (Mauritius) Limited Vs McNally Bharat Engineering Company Limited (Calcutta High Court) Facts- An application for enforcement of a foreign arbitral award dated 19th June 2020 and an addendum dated 26th October 2020 moved by the petitioner (i.e., EIG Mauritius) against the respondent (i.e., McNally Bharat Engineering Company Limited). However, the prayer for execution had […]
