Publications

An award cannot be set aside because it is a non speaking award
17 Aug 2017 Publication

An award cannot be set aside because it is a non speaking award

Even though the courts in India have consistently held that the Arbitrator is the final judge relating to finding of facts and relating to the interpretation of the terms of the contract. It is also have been a standard view that while exercising the powers under S.34 of the Arbitration and Concilia

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Bank Guarantee can be released by an Additional Arbitration Award
17 Aug 2017 Publication

Bank Guarantee can be released by an Additional Arbitration Award

One of the frequently encountered issue in arbitration proceedings is missing out of a claim and parties seeking remedy by way of an amendment to the award or by way of an additional award. Normally the scope of correction of the award under S.33 of Arbitration and Conciliation Act,1996 is limited t

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Venue of International Arbitration can be the Seat Also
13 Jul 2017 Publication

Venue of International Arbitration can be the Seat Also

It is well settled in law that if parties choose a seat in an International Arbitration clause it will amount to choosing the procedural law applicable to the arbitration proceedings. In the same way, if the procedural law is specified in the Arbitration clause then the country to which the procedur

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Hong Kong permits third party funding of arbitrations
15 Jun 2017 Publication

Hong Kong permits third party funding of arbitrations

From the year 2012 India has recognized Hong Kong as a recognized seat of Arbitration under New York Convention on Recognition and Enforcement of Foreign Arbitral Awards. Since then the Hong Kong seat has become a very important seat, for Parties from India, since Parties from China are comfortable

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Default seat in an International Arbitration
24 May 2017 Publication

Default seat in an International Arbitration

Seat of Arbitration is one the most important concepts in the field of international Arbitration. Any party to an International Arbitration proceeding will be able to achieve its objectives only if the final award is enforceable in the country where it is required to be enforced.

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