Corporate Law : The 2024 Draft Arbitration Bill proposes major amendments to streamline arbitration in India. Learn about its key provisions, impa...
Corporate Law : Learn about India's Arbitration and Conciliation Act, 1996, its objectives, arbitrability, doctrine of Kompetenz-Kompetenz, and se...
Corporate Law : Explore the challenges of asymmetric arbitrator appointment clauses in arbitration, their legal implications in India, internation...
Corporate Law : Explore the issues surrounding PSU arbitrator appointments in India and the need for reform to ensure fairness and impartiality in...
Corporate Law : Learn about the impact of arbitration clauses in India's credit card agreements and how they affect consumer rights, dispute resol...
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 : Bombay High Court held that serving signed copy of arbitral award to employee of the partnership firm is not proper service of sig...
Corporate Law : Supreme Court held that petition under section 11(6) of the Arbitration and Conciliation Act, 1996 is not maintainable since dispu...
Company Law : The application made by the Financial Creditor is complete in all respects as required by law. Therefore, the debt and default sta...
Corporate Law : Supreme Court held that fresh application under section 11(6) of the Arbitration and Conciliation Act, 1996 is not maintainable in...
Corporate Law : Supreme Court held that the scope of inquiry under Section 11 of the Arbitration and Conciliation Act, 1996 is limited to ascertai...
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 ...
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 […]
It is hereby ordered that all periods of limitation prescribed under the Arbitration and Conciliation Act, 1996 and under section 138 of the Negotiable Instruments Act 1881 shall be extended with effect from 15.03.2020 till further orders to be passed by this Court in the present proceedings.
Today the current scenario in India in regard to Business and Market, there is one answer with all the Business Houses and in one word “that the market is bad, very bad” and the reasons for the same is being shifted to Government of India and its policies and newly sated laws. There is no […]
