Leave us a Message

Publication

06 May 2021
ARBITRATOR’s DECISION ON THE JURISDICTION, CAN BE CHALLANGED ONLY ALONG WITH THE FINAL AWARD
Article )

Supreme Court of India while dealing with the case of Deep Industries, held that an order passed by allowing or dismissing an application filed under Section.16 of the Arbitration and Conciliation Act,1996 (Herein after “The Act”) cannot be challenged under Article 227 of the Constitution of India and the said order must wait for the final award and then both can be challenged under S.34 of the Act.

 
26 Apr 2021
TWO INDIAN COMPANIES CAN RESOLVE THEIR DISPUTES BY WAY OF A FOREIGN SEATED ARBITRATION
Article )

The Supreme court of India in its recent judgment, in the matter of PASL Wind Solutions delivered on 20th April 2021, held that two or more Indian parties can resort to a foreign seated arbitration to resolve their disputes and further held that an award that arose out of the foreign seated arbitration can be enforced in India under New York Convention on recognition and enforcement of foreign awards.

 
12 Apr 2021
Dispute arising out of an Arbitration settlement must go for Arbitration
Article )

The Supreme Court of India vide its Judgment dated April 8, 2021, while disposing of an appeal arising out of an application seeking to appoint an arbitrator under section 11(5) and (6) of the Arbitration and Conciliation Act 1996, held that any dispute arising out of a frustrated settlement from an arbitration must go for arbitration.

01 Apr 2021
SPECIAL LEGISLATION OVERRIDES ARBITRATION LAW OF INDIA
Article )

Arbitration and Conciliation Act 1996 is the procedural law that governs all the arbitrations having the seat of arbitration in India. But at the same time there are some special legislations that provides for a separate procedure and mechanism of arbitration for certain categories of persons/ entities covered under the said legislation.

13 Feb 2021
A conservative Approach to India seated arbitrations or a necessary one
Article )

India has made many strides in the field of arbitration since the advent of the Arbitration and conciliation Act, 1996.

11 Jan 2021
Supreme Court of India puts an end to one party appointed sole Arbitrator system
Article )

Without having system to ensure impartiality and independence of Arbitrators, arbitration cannot gain confidence in the minds of the parties to the dispute. It is not sufficient that many arbitrators by nature are independent and impartial.

05 Nov 2020
Government of India deletes Schedule VIII that banned foreign legal professionals from sitting as Arbitrators in India seated Arbitrations
Article )

On 4th November 2020, Government of India Ministry of Law and Justice promulgated an ordinance in the name of Arbitration and Conciliation Amendment Ordinance 2020.

02 Oct 2020
Risk allocation clause in a contract cannot interpreted liberally by Arbitrators
Article )

In a recent Judgment of Supreme Court of India in the matter of SOUTH EAST ASIA MARINE

23 Sep 2020
Supreme Court of India settles law relating to Limitation
Article )

By way of a recent Judgment dated 16th September 2020 in the matter of Vedanta Supreme Court of India settled the law relating to limitation to enforce foreign commercial arbitration awards in India.

 
21 Sep 2020
REQUIREMENT OF STAMPING OF ARBITRATION AGREEMENTS
Article )

The law requires arbitration agreement to be in writing to be enforceable and valid. Section 7 of the Act specifies that the Arbitration Agreement shall be in writing, it can be part of a document signed by the parties or it can be by way of exchange of letters