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08 Apr 2019
After Conclusion of arguments if an Arbitrator wishes to withdraw the majority tribunal can proceed and pass the Award in India
Article )
An arbitral tribunal normally consists of either one or three arbitrators. In a three member, arbitral tribunal, the award may be passed by all the three arbitrators together or a majority award along with a dissent award.
01 Apr 2019
Powers of Arbitrators to grant interest in India seated International & Domestic Arbitrations
Article )
All of us aware that Arbitrators have powers to grant pre-reference, Pendent lite and Post award interest to the awarded sum. But one of the challenges faced by the Arbitrators is the awarding of appropriate and legally sustainable pre- award, post award interest and the appropriate interest rates.
26 Mar 2019
Former employee of one of the party to Arbitration 10 years back cannot be a ground for Removal of an arbitrator
Article )
Arbitration scenario in India got a great enthusiasm on 23rd October 2015 because of the amendments brought in to the Arbitration and Conciliation Act,1996
23 Feb 2019
Supreme Court of India upholds the Limited scope of interference at the time of enforcement of a Foreign award and imposes cost of 30,000 USD
Article )
India is a Model law country and the procedural law of India, Arbitration and Conciliation Act,1996 (Herein after “The Act”) is enacted in the lines of the UNCITRAL Model Law
07 Feb 2019
If an Arbitration Award is set aside arbitration can be initiated again
Article )
If an Arbitration award is challenged by a party and consequentially is set aside in a petition filed under S.34 of the Arbitration and Conciliation Act,1996, the losing party has every right to initiate a fresh arbitration again.
06 Feb 2019
BLACK LISTING OF CONTRACTOR IMPERMISSIBLE AFTER LOOSING AN ARBITRATION ON THE SAME ISSUE
Article )
Black listing of a contractor is a weapon in the hands of the employer that can be used against a contractor for a breach of contract or any willful default to complete the project as per the contract etc.,
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.