The Delhi High Court, comprising Justice Yashwant Varma and Justice Dharmesh Sharma, ruled that an arbitral award by an expert tribunal did not suffer from patent illegality and, therefore, could not be set aside under Section 34 of the Arbitration and Conciliation Act. The Court emphasized that jud
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The Delhi High Court dismissed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking the appointment of an Arbitral Tribunal. Justice Manoj Kumar Ohri held that allegations questioning the validity of a settlement agreement cannot be examined under Section 11 and must
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Emergency Arbitration is a process where a party to an arbitration agreement seeks urgent interim relief by approaching an emergency arbitrator before the constitution of the arbitral tribunal. The emergency arbitrator, usually appointed under the institutional rules chosen by the parties, provides
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The Delhi High Court ruled that failing to file an arbitral award along with a petition under Section 34 of the Arbitration and Conciliation Act renders the petition "non-est." In Sudesh Hans v. Gian Chand Hans & Anr., the petitioner challenged an arbitral award but refiled the petition late. Citing
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The Supreme Court ruled that Sections 4 to 24 of the Limitation Act, 1963, are not entirely excluded when calculating the limitation period under Section 34(3) of the Arbitration and Conciliation Act, 1996. A two-judge bench held that Section 4 applies if the 3-month period ends on a court holiday b
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he Chhattisgarh High Court ruled that an Arbitral Tribunal is the master of evidence, and its findings under Section 34 of the Arbitration and Conciliation Act, 1996, should not be scrutinized as if the Court were sitting in appeal. The case involved a dispute between SK Minerals and South Eastern C
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The Metaverse consists of interconnected virtual worlds, often built on blockchain technology and governed by decentralized autonomous organizations (DAOs). Users engage in activities such as gaming, trading virtual assets, creating digital businesses, and socializing through avatars.This unique env
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The Delhi High Court ruled that an arbitrator must be appointed strictly per the contract's terms. Justice Jasmeet Singh emphasized that arbitration is governed by the contract, and any deviation from the agreed mechanism renders the arbitrator's appointment void. Consequently, an award passed by su
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The doctrine of separability posits that an arbitration agreement is independent of the substantive contract in which it is contained. In other words, the arbitration clause suvives independently of the contract's fate.
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