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Publication

08 Jul 2019
Arbitration in People’s Republic of China
Article )
People’s Republic of China (PRC) has developed a unique arbitration system which is closely monitored by the People’s Supreme Court (SPC), the highest Court of China.
20 Jun 2019
Writ Petition need not be entertained by a Court in view of an Arbitration Clause in the Contract
Article )
In a recent Judgment of Delhi High Court in the case of Apna Logistics Hon’ble Justice Mr Vibhu Bakhru, held that even though Arbitration clause would not preclude the Court from exercising its Jurisdiction under Article 226 of the Constitution of India
12 Jun 2019
AWARD OF INTEREST ON DAMAGES BY THE ARBITRATORS
Article )
In any arbitration proceeding in addition to direct claims of receivables, declaration, amounts due etc., the claim for interest on those due amounts and damages form an important part of the claim.
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.