Publication

12 Sep 2019

ALLEGATIONS OF FRAUD CRIMINAL CASES AND ARBITRABILITY
( 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 Peopleâ€™s Republic of China
( Article )

Peopleâ€™s Republic of China (PRC) has developed a unique arbitration system which is closely monitored by the Peopleâ€™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 Honâ€™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

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