Section 9 of the Arbitration and Conciliation Act, 1996, in the context of India, deals with the power of the court to grant interim measures. A party can, before or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced, apply to a court for inte
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Alternative Dispute Resolution (ADR) refers to a set of methods and processes used to resolve conflicts, disputes, or disagreements between two or more parties outside of the traditional court system.
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Litigation refers to the process of resolving disputes or legal conflicts through the court system. It involves the formal legal action taken by parties to enforce or defend their rights and interests. The term is often used to describe the entire legal process, from the filing of a lawsuit to the f
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In Swadesh Kumar Agarwal case decided on 5 th May 2022, Supreme Court of India ruled that there is no requirement of a written arbitration agreement between the parties,
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Supreme Court of India in its recent Judgment that was pronounced on 31 st March 2022 in the matter of Shripati Lakhu Mane case settled the law relating to the usual allegation of employers against the contractor that the contractor abandoned the contract and ran away despite the fact that there wer
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Supreme Court of India in its recent Judgment dated 04 th January 2022 pronounced by the bench consisting of Hon'ble Justices Mr M.R.Shah and Mrs Nagarathna in the case of Ellora Paper Mills held that the mandate of the arbitrator can be challenged at any point of time during the proceedings, in vie
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The Hon'ble Supreme Court of India Bench consisting of Justice Mr NV Ramana and Justice Surya Kant brought in a lot of clarity to the connection between Liquidated Damages and the concept of ' Time is the essence of the contract' by a very well written Judgment (written by Hon'ble Chief Justice N V
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The applicability of the Limitation Act, 1963 (hereinafter referred to as 'Limitation Act') as applicable to the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Arbitration Act') has brought with it many complexities.
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The concept of Emergency Arbitration and Emergency Arbitrator is gradually finding acceptance in the Indian Jurisprudence. While many countries have already incorporated this in their arbitral procedure and rules, India also is not behind in coming forward and acknowledging its presence in the India
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