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 ...
The Court herein has settled that when the party has been given enough opportunity accorded to them and has failed to take advantage of the same during the arbitral proceedings, it cannot later go on to say that fair hearing was not given to the party.
Introduction: 1. Arbitration has become exceptionally strong and widely accepted as a means of resolving disputes. ‘ 2. Exactly how widely accepted is probably impossible to know, but some commentators have suggested that a figure as high as 90% of all international contracts are governed by an arbitration clause. 3. Rapid globalization has meant a […]
Do I believe in arbitration? I do. But not in arbitration between the lion and the lamb, in which in the morning the lamb is found inside the lion. – Mr. Samuel Gompers Besides all the advantages and amenities available to refer the disputes to arbitration, it is one of the cornerstone drawbacks of the […]
An arbitral tribunal must decide in accordance with the terms of the contract, but if an arbitrator construes a term of the contract in a reasonable manner, it will not mean that the award can be set aside on this ground. Construction of the terms of a contract is primarily for an arbitrator to decide unless the arbitrator construes the contract in such a way that it could be said to be something that no fair minded or reasonable person could do.
It is the speedy and effective settlements of dispute which are the two most important attributes for the proper functioning of the justice delivery system and also important with respect to the faith of the business entities upon such system. Considering such a scenario, arbitration has emerged as an efficient alternative to the public justice delivery system.
Arbitration is of the most popular method of ADR and infact it has gained immense popularity amongst business entities and the results are quite positive and this resulted in having the Statutory Arbitration under the provisions of MSME. Arbitration is a simplified version of a trial proceedings involving limited discovery and simplified rules of evidence. […]
Spentex Industries Ltd. Vs Quinn Emanuel Urquhart & Sullivan LLP (Delhi High Court) In the given case, the plaintiff is seeking the main relief to pass a decree of declaration, declaring that the Letter of Engagement as well as arbitration clause being Article 16 of the Letter of Engagement is null and void, inoperative and […]
South East Asia Marine Engineering and Construction Ltd. Vs Oil India Ltd. (Supreme Court) It is a settled position that a Court can set aside the award only on the grounds as provided in the Arbitration Act as interpreted by the Courts. Recently, this Court in Dyna Technologies Pvt. Ltd. v. Crompton Greaves Ltd. [2019 […]
INTRODUCTION – ALTERNATIVE DISPUTE RESOLUTION MECHANISM The Indian judicial system is known for its heavy burden, long years of litigation which is the reason, alternative dispute resolution mechanisms have been put into place to resolve disputes speedily and arrive at a settled situation for parties under a commercial understanding. Arbitration is one of such alternative […]
INTRODUCTION – SECTION 29A OF THE ARBITRATION & CONCILIATION ACT, 1996 Section 29A of the Arbitration & Conciliation Act, 1996 was amended vide Arbitration & Conciliation (Amendment) Act, 2015 w.e.f. 23.10.2015 to set ‘Time Limit for arbitral award’ wherein it was stated that an award shall be rendered within twelve months from the date the […]
