There is a news that Government of India is planning to start an Arbitration hub seated in Delhi. When asked for comments Mr S Ravi Shankar an arbitration lawyer and Senior Partner of Law Senate law firm said so far the government of India has not released any detail on this proposal. But he welcomed the move of Government of India to have an arbitration hub in Delhi and said such a proposal will surely help speedy resolution of the commercial disputes. But he further stated that such a move will succeed if the following points are taken in to consideration by the legislators:
Arbitration Appellate tribunal: Today each and every Arbitral award passed in India are challenged in the courts in India and appeals are taken upto Supreme Court of India. Even though arbitrations come to an end in a shorter period ( 12 months as per the new Act) but the challenge proceedings delay the enforcement by a minimum of a couple of years. The challenge proceedings in domestic matters start from the level of District courts and go upto Supreme Court of India. Hence the Government should establish tribunals for handling challenge to arbitration awards and appeal over the tribunal order should directly go to Supreme Court of India. Such a model will help speedy disposal of the challenge proceedings since many of the district judges are treating such proceedings like first appeals in civil matters. This will reduce the challenge procedure and reduce the burden of District and High Courts.
Emergency arbitrator provision: Internationally there are big difficulties in enforcing court orders. Hence getting an interim order from a court sitting in the seat of arbitration before arbitration tribunal is formed and enforcing it in another country is mostly very difficult. To get the benefit of New York convention on Recognition and Enforcement of foreign awards, the interim order also has to be in the form of an Arbitral award. Hence internationally appointing a neutral person (Emergency arbitrator) to deal with the interim protection applications by a party, before the formation of the Arbitral tribunal, is in practice. But unfortunately our Arbitration & Conciliation Act, 1996 does not recognise that. Hence the government should come forward to incorporate a provision for emergency arbitrator in the Arbitration Act of India.
Mr Ravi Shankar further said that these two changes will take India to great heights in the field of arbitration.
Skip & continue
In Compliance with Indian Regulations, Kindly Review the User Acknowledgement and Disclaimer below and then Proceed.
By proceeding further and clicking on the "ACCEPT" button herein below, I acknowledge that I of my own accord wish to know more about Law Senate (LS) for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from Law Senate (LS) or any of its members to create an Attorney-Client relationship through this website. I further acknowledge having read and understood the Disclaimer below
This website (www.lawsenate.com) is a resource for informational purposes only and is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. Law Senate (LS) does not warrant that the information contained on this website is accurate or complete, and hereby disclaims any and all liability to any person for any loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or any other cause.
Law Senate (LS) further assumes no liability for the interpretation and/or use of the information contained on this website, nor does it offer a warranty of any kind, either expressed or implied. The owner/Partners of this website do not intend links from this site to other internet websites to be referrals to, endorsements of, or affiliations with the linked entities. Law Senate (LS) is not responsible for, and makes no representations or warranties about, the contents of Web sites to which links may be provided from this Web site.
This website is not intended to be a source of advertising or solicitation and the contents of the website should not be construed as legal advice. The reader should not consider this information to be an invitation for a lawyer-client relationship and should not rely on information provided herein and should always seek the advice of competent counsel licensed to practice in the reader's country/state. Transmission, receipt or use of this website does not constitute or create a lawyer-client relationship. No recipients of content from this website should act, or refrain from acting, based upon any or all of the contents of this site.
Furthermore, the owner of this website does not wish to represent anyone desiring representation based solely upon viewing this Web site or in a country/state where this website fails to comply with all laws and ethical rules of that state. Finally, the reader is warned that the use of Internet e-mail for confidential or sensitive information is susceptible to risks of lack of confidentiality associated with sending email over the Internet.