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12 Sep 2019
Article )
In many cases, even though arbitration clauses are there in the contract, parties raise issues like fraud, forgery etc., and contend to the courts that matter is not arbitrable since the contract is vitiated
26 Aug 2019
The Arbitration and Conciliation (Amendment) Act 2019
Article )
The Arbitration and Conciliation (Amendment) Bill, 2019 was introduced in Rajya Sabha (Upper House of Parliament of India) by the Minister for Law and Justice, Mr. Ravi Shankar Prasad, on July 15, 2019
12 Aug 2019
An Arbitration agreement in a void contract need not be Void
Article )
In some cases, at the stage of appointment of Arbitrator under S.11 of the Arbitration and Conciliation Act,1996 (The Act) or reference to Arbitration under S.8 of the Act, the Court may conclude that the underlying contract is void.
10 Aug 2019
Invoking Arbitration against Non-signatories
Article )
Normally arbitration is defined as a mechanism created by a Contract between parties but in certain circumstances even non-signatories also were added as parties to the arbitration without their consent and awards have been successfully enforced against the non-signatories.
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
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