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30 Nov 2019
Mere wrong Application of Law No more a ground for challenging an Arbitration Award
Article )
Arbitration is a private dispute resolution mechanism created by way of contract between the parties. But still to avoid any gross injustice, the mechanism provides for supervisory courts
13 Nov 2019
Article )
One of the main purposes of arbitration is to resolve commercial disputes within a reasonable time. To achieve this objective UNCITRAL Model law provided for a very limited scope by providing a few grounds to challenge arbitration awards
30 Oct 2019
The impact of Arbitration and Conciliation Act 2019
Article )
Government of India to advance its dream of making India International Arbitration hub has brought in a few more changes to the procedural law of India Arbitration and Conciliation Act,1996 In addition to its effort to achieve the above said status it has come
04 Oct 2019
Right to adduce evidence in the stage of challenging of an Arbitration award is available only in exceptional cases
Article )
In a recent Judgment dated 23rd September 2019, Supreme Court of India in the case of Canara Nidhi Limited Vs M.Shashikala and others (2019) SCC Online SC1244 set aside the Judgment of High Court of Karnataka which allowed the parties to
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