Publication

10 Jan 2019

LIMITATION FOR STATUTORY ARBITRATIONS IN INDIA
( Article )

Limitation to initiate a legal action is a globally recognized concept. Law of Limitation provides for a time restriction for initiating a legal action to an aggrieved party seeking to establish a legal right.

04 Jan 2019

Are we still looking for committed than competent Arbitrators?
( Article )

Arbitration can be protected only by neutral and committed arbitrators but unfortunately none of us want to engage/ nominate an arbitrator who declares that he/she would be neutral always.

15 Dec 2018

Limitation to Challenge an arbitration award cannot be extended
( Article )

In a recent judgement (Simplex Infrastructure Limited Vs Union of India) dated 05.12.2018, Supreme Court of India dealt with the issue of condoning the delay in challenging an arbitration award under section 34 of the Arbitration and Conciliation Act, 1996 and the possible application

20 Nov 2018

Failure to determine the Seat of Arbitration
( Article )

In a recent Judgment dated 25th September 2018, Supreme Court of India, in the matter of Union of India Vs Hardly Exploration and production (India) Inc reported as 2018 SCC Online 1640 allowed the petitioner to maintain an application seeking to challenge an arbitrator award under S.34 of the Arbitration and conciliation Act, 1996 even though award was passed in an arbitration held in Kulalumpur.

17 Nov 2018

Delivery of Arbitration awards and Limitation to Challenge
( Article )

India being a country of Adhoc arbitrations, the responsibility to manage the arbitrations also is on the arbitrators. The said Management of the case includes framing of arbitration procedure, arranging meetings, fixing deadlines, drafting of proceedings, dispatching of proceedings and dispatching of arbitration awards after the arbitration proceedings are completed.

15 Nov 2018

EXAMINATION OF EXPERT AND FACT WITNESS IN INTERNATIONAL ARBITRATION
( Article )

Arbitration is the private dispute resolution mechanism which is proved to be an effective alternate to the regular National Court dispute resolution through litigations in India. To become an arbitrator, there is no requirement of a legal or technical qualification.

27 Sep 2018

Requirement for stamping of Foreign Arbitration Awards in India
( Article )

In a recent Judgment delivered on 13^th September 2018 Supreme Court of India upheld the Judgment of High Court of Madras held that a foreign award which is not stamped is enforceable in India in Shriram EPC case.

25 Sep 2018

Arbitrators can be removed if they refuse to accept the Arbitrator Fees agreed by the parties in the Arbitration Agreement
( Article )

In a Judgment dated 20^th July 2018, in the matter of National High Ways Authority Limited Vs Gammon Engineers and Contractors Pvt Limited, Delhi High Court held that the Arbitral tribunal is bound by the Arbitration agreement between the parties.

25 Sep 2018

COURT CANNOT REMAND AN ARBITRATION AWARD TO THE TRIBUNAL Suo Motu
( Article )

Even though arbitration is a private mechanism for resolving commercial disputes, the supervising courts have powers to supervise the arbitration and even to set aside an arbitration award on the grounds provided in the procedural law of the country.

23 Aug 2018

NEGOTIATING AN INTERNATIONAL ARBITRATION CLAUSE- PART 2
( Article )

When one party is from China and the other party is from India, parties jointly choose Singapore as the seat of arbitration, excluding both China and India to have jurisdiction over the matter and Singapore becomes the neutral seat. It is important to note that the neutral seat also comes with the procedural law of that country

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