The Curious Case Of Arbitration In India
8 years, 5 months ago

The Curious Case Of Arbitration In India

Live Law  

A reliable and responsive alternate dispute resolution system is essential for rapidly developing countries like India. Geared in the same spirit, critical issues, experience of international arbitration and the future roadmap of strengthening arbitration in India were discussed at the conference ‘National Initiative towards Strengthening Arbitration and Enforcement in India’. Supported by six international arbitration institutions, industry associations and legal fraternity of India, the conference through its intense brainstorming sessions aims to promote commercial arbitration in India. If it is delayed beyond the specified time because of the arbitral tribunal, the fees of the arbitrator will be reduced, up to 5%, for each month of delay.” Speaking on Friday, Finance Minister Arun Jaitely had hailed the provision of Section 29 and had said that an expeditious arbitration mechanism would augment foreign investment in India. Panelists pointed that with only one fully functional arbitration centre in India, the Mumbai Centre for International Arbitration, efforts have to be made to develop other centres as well.

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History of this topic

International Commercial Arbitration | How To Determine Law Governing Arbitration Agreement? Supreme Court Discusses Tests
2 weeks ago

International Commercial Arbitration | How To Determine Law Governing Arbitration Agreement? Supreme Court Discusses Tests

Live Law  

In a significant judgment relating to International Commercial Arbitration, the Supreme Court today ruled that in the absence of an express law governing the arbitration agreement, the applicable law should be determined based on the parties' intentions, with a strong presumption in favor of the law governing the main contract. After a dispute arose between the parties, the Petitioner sought …

GNLU's 2nd Annual Arbitration Week: 4-day Commercial Arbitration Course And Conference [Register By 19th March]
2 weeks, 1 day ago

GNLU's 2nd Annual Arbitration Week: 4-day Commercial Arbitration Course And Conference [Register By 19th March]

Live Law  

Gujarat National Law University Centre for Alternative Dispute Resolution has announced Second Annual Arbitration Week, featuring an intensive 4-day Commercial Arbitration Course and Conference at Gujarat National Law University, Gandhinagar, from March 24 to March 28, 2025. The cornerstone of the program is the comprehensive 4-day Commercial Arbitration Certificate Course focussing on practical aspects of commercial arbitration. Led by partners …

The Draft Arbitration And Conciliation Amendment Bill, 2024: A Step Towards Reforming India's Arbitration Framework?
2 months ago

The Draft Arbitration And Conciliation Amendment Bill, 2024: A Step Towards Reforming India's Arbitration Framework?

Live Law  

The Draft Arbitration and Conciliation Bill, 2024, aims to significantly transform India's arbitration landscape. In Amazon v. Future Retail, the Supreme Court held that an award by an emergency arbitrator in an arbitration seated in India is “enforceable” under Section 17. The Draft Arbitration and Conciliation Bill, 2024, is an ambitious step towards modernizing India's arbitration landscape. With key reforms …

Supreme Court Critiques Judicial Overreach in Arbitration
2 months, 2 weeks ago

Supreme Court Critiques Judicial Overreach in Arbitration

Deccan Chronicle  

The Supreme Court of India has delivered a significant critique of the judiciary's expanding role in arbitration, highlighting how “overbearing intellectualisation” by courts has become a major issue, undermining the efficacy of Indian arbitration. The Court raised concerns about how a strict interpretation of the legal provisions governing arbitration had been hindering the right of parties to challenge arbitral awards. …

India's journey towards becoming a global arbitration hub
2 months, 3 weeks ago

India's journey towards becoming a global arbitration hub

Hindustan Times  

As global economies become increasingly interconnected, the importance of efficient dispute resolution mechanisms cannot be overstated. India's ambitions to become a global arbitration hub are reflected in its alignment with international standards. India’s journey towards becoming an arbitration hub is not just about economic gains but also about establishing itself as a thought leader in dispute resolution. Arbitration will not …

NLU Delhi: PG Diploma Certificate Course On International Commercial Arbitration And Investment Treaty Arbitration [Applications Close on 24th January]
3 months ago

NLU Delhi: PG Diploma Certificate Course On International Commercial Arbitration And Investment Treaty Arbitration [Applications Close on 24th January]

Live Law  

The National Law University, Delhi has signed a Memorandum of Understanding with Justice Indu Malhotra, Former Judge, Supreme Court of India to establish a Chair on Investment Treaty Arbitration. As part of this initiative, NLU Delhi has now released details of the Post Graduate Diploma Certificate Course on International Commercial Arbitration and Investment Treaty Arbitration. This course will impart a …

Law ministry to discuss SC rulings for Arbitration Act amendment as costs issue persists
3 months, 2 weeks ago

Law ministry to discuss SC rulings for Arbitration Act amendment as costs issue persists

Live Mint  

New Delhi: The Union law and justice ministry will discuss judgements by the Supreme Court to amend the Arbitration and Conciliation Act, two people aware of the matter said. For perspective, in arbitration cases of government vs private parties, the government chooses one arbitrator from a panel it creates and asks the private party to choose another arbitrator from the …

Whether Arbitration Agreement Has All Essential Elements Can Better Be Decided By Tribunal U/S 16 Of A&C Act: Rajasthan High Court
3 months, 3 weeks ago

Whether Arbitration Agreement Has All Essential Elements Can Better Be Decided By Tribunal U/S 16 Of A&C Act: Rajasthan High Court

Live Law  

The Rajasthan High Court bench of Justice Sudesh Bansal has held that the issue of validity of arbitration agreement more particularly in respect of having essential elements of the arbitration agreement, can better be considered and decided on merits by the arbitration tribunal under section 16 of the Arbitration Act. They also submitted that Clause 22 of the NIB cannot …

[Arbitration Act] S.2(1)(f) Is Non-Derogable, Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court
3 months, 3 weeks ago

[Arbitration Act] S.2(1)(f) Is Non-Derogable, Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna has held that section 2 of the Arbitration Act which defined the International Commercial Arbitration is a non derogable provision and its applicability cannot be excluded even by mutual consent of the parties. However, certain Sections of the Act, like S.2 which is the definition section, form the basic structure …

Delhi HC Allows Invocation Of Arbitration Clause After 10 Yrs, Says That Scope Of S.11(6) Plea Is Limited To Ascertaining Existence Of Agreement
Trending News
3 months, 4 weeks ago

Delhi HC Allows Invocation Of Arbitration Clause After 10 Yrs, Says That Scope Of S.11(6) Plea Is Limited To Ascertaining Existence Of Agreement

Live Law  

The Delhi High Court Bench of Justice Sachin Datta has held that the scope of the present proceedings is confined to ascertaining the existence of the arbitration agreement. Observation of the court: The court held that the scope of the present proceedings is confined to ascertaining the existence of the arbitration agreement. Then, the court held that since the existence …

Revanth: Arbitration, Mediation Services Should Be Available Even to the Common People
4 months, 1 week ago

Revanth: Arbitration, Mediation Services Should Be Available Even to the Common People

Deccan Chronicle  

Hyderabad:Chief Minister A. Revanth Reddy said that mediation and arbitration services should not be limited to global investors and big industrialists but also be made available to the common man and small companies. “To reduce the burden of pending cases, alternative systems are needed for speedy and efficient resolution of cases,” he said, addressing the Commonwealth Mediation and Arbitration Conference …

Objections On Capacity Of Party To Initiate Arbitration Must Be Addressed Before Tribunal, Not While Appointing Arbitrator: Delhi HC
Trending News
4 months, 2 weeks ago

Objections On Capacity Of Party To Initiate Arbitration Must Be Addressed Before Tribunal, Not While Appointing Arbitrator: Delhi HC

Live Law  

The Delhi High Court bench of Justice Sachin Datta has held that the objections as regards the capacity of the party to initiate arbitration is an aspect which is necessarily required to be gone into the arbitration proceedings, however, the same could not preclude the constitution of an Arbitral Tribunal. The court held that a party may raise appropriate jurisdictional/preliminary …

Arbitration Weekly Round-Up: 4th November To 10th November 2024
4 months, 3 weeks ago

Arbitration Weekly Round-Up: 4th November To 10th November 2024

Live Law  

Supreme Court Government Entity Can't Be Given Differential Treatment While Staying Operation Of Arbitral Award : Supreme Court Case Title: International Seaport Dredging Pvt Ltd Versus Kamarajar Port Limited, Case Number- Civil Appeal No 12097 of 2024 Recently, the Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the …

Determining 'Seat' In International Arbitration : Supreme Court Takes Shift From 'Closest Connection Test', Says Express Designation Of Place Matters
4 months, 3 weeks ago

Determining 'Seat' In International Arbitration : Supreme Court Takes Shift From 'Closest Connection Test', Says Express Designation Of Place Matters

Live Law  

In a key ruling on International Commercial Arbitration, the Supreme Court held that when an arbitration agreement grants non-exclusive jurisdiction to a foreign court, that court is considered the "seat of arbitration." Taking a shift from the 'Close Connection Test' to determine the seat of the arbitration, the Court observed that “the more appropriate criterion for determining the seat of …

Institutionalizing Arbitration: The Crucial Role of Domain Experts in India's Appellate Tribunals
5 months ago

Institutionalizing Arbitration: The Crucial Role of Domain Experts in India's Appellate Tribunals

Live Mint  

Legal experts emphasize the importance of the right talent to yield successful results in arbitration tribunals. The introduction of appellate tribunals dedicated to arbitration would require the inclusion of domain experts to ensure technical accuracy and adherence to specialized sector rules. This would help retain cases within the country and establish India as a global arbitration hub.

Top court judge notes role of arbitration for resolution of disputes
6 months, 2 weeks ago

Top court judge notes role of arbitration for resolution of disputes

Hindustan Times  

Supreme Court judge, justice Surya Kant, on Sunday emphasised the growing importance of arbitration as a key mechanism for dispute resolution in an increasingly interconnected world. Justice Surya Kant In his valedictory address at the “Conference on International Arbitration and the Rule of Law”, the judge highlighted that India is positioning itself as a hub of international commercial arbitration as …

Supreme Court & Permanent Court Of Arbitration To Hold Conference On International Arbitration
6 months, 2 weeks ago

Supreme Court & Permanent Court Of Arbitration To Hold Conference On International Arbitration

Live Law  

The Supreme Court of India and the Permanent Court of Arbitration are holding a conference on International Arbitration and the Rule of Law in New Delhi from September 13 to 15. The Conference is held in collaboration with the United Nations Commission on International Trade Law.The event will commemorate the 75th anniversary of the establishment of the Supreme Court and …

[Advt.] Nani Palkhivala Arbitration Centre: An Intensive Study Course On The Theory And Practice Of Arbitration Law
7 months, 1 week ago

[Advt.] Nani Palkhivala Arbitration Centre: An Intensive Study Course On The Theory And Practice Of Arbitration Law

Live Law  

The Nani Palkhivala Arbitration Centre, is a non-profit company registered under Section 25 of the Companies Act, 1956. The Nani Palkhivala Arbitration Centre is hosting an intensive training program on "The Theory and Practice of Arbitration Law" from September 14 to September 16, 2024 at India International Center, 40, IIC Max Mueller Marg, New Delhi - 110003. This program is …

India aims to be global arbitration hub. And cut costs for its biggest litigant.
7 months, 2 weeks ago

India aims to be global arbitration hub. And cut costs for its biggest litigant.

Live Mint  

New Delhi: The Union law ministry has commissioned a study of the legal frameworks in top international commercial centers as part of its efforts to position India as a global arbitration hub. The ministry is looking to address challenges in India’s arbitration system and improve the execution of arbitral awards, or out-of-court settlements, two officials said, declining to be identified. …

Arbitration Cases Half Yearly Digest: January To June 2024
8 months, 3 weeks ago

Arbitration Cases Half Yearly Digest: January To June 2024

Live Law  

Supreme Court High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A Arbitration Act : Supreme Court Case Title: CHIEF ENGINEER PWD VERSUS M/S BSC & C and C JV Citation : 2024 LiveLaw 425 The Supreme Court held that a High Court which does not have original civil jurisdiction does not have …

Now Is The Time For Countries Like India To Promote A Culture Of Commercial Arbitration: CJI DY Chandrachud
9 months, 3 weeks ago

Now Is The Time For Countries Like India To Promote A Culture Of Commercial Arbitration: CJI DY Chandrachud

Live Law  

Chief Justice of India DY Chandrachud, while delivering a speech at the UK Supreme Court, opined that that now is the time for countries such as India to focus on building a strong culture of commercial arbitration. CJI was delivering the speech on “ Law and Practice of commercial arbitration: Shared understandings and developments in UK and India.” At the …

Arbitration now preferred method for commercial justice: CJI Chandrachud
9 months, 3 weeks ago

Arbitration now preferred method for commercial justice: CJI Chandrachud

Hindustan Times  

Chief Justice of India Dhananjaya Y Chandrachud has underscored the pivotal role of arbitration in the realm of commercial justice, asserting that it is no longer an alternative but a preferred method of dispute resolution. Delivering his address at the Supreme Court of the United Kingdom on Thursday evening, the CJI highlighted the evolution of arbitration from a supplementary dispute …

Specialised Arbitration And The Transformation Of Indian Dispute Resolution
10 months, 1 week ago

Specialised Arbitration And The Transformation Of Indian Dispute Resolution

Live Law  

Arbitration in the recent times has emerged as a promising solution for litigants struggling to get prompt assistance from the overwhelmed Indian Courts. An alternative perspective can be that as long as the Arbitrators possess the requisite expertise, the choice between a Specialised Arbitration Centre, a Generalist Arbitration Centre or an Ad Hoc arrangement will not significantly impact the outcome …

Inaugural Of The Arbitration Bar Of India
10 months, 2 weeks ago

Inaugural Of The Arbitration Bar Of India

Live Law  

The inaugural ceremony of the Arbitration Bar of India marked a significant milestone in the legal landscape of the country. The occasion was in attendance of the External Affairs Minister Dr. S. Jaishankar, Minister of Railways, Communications and Electronics and Information Technology Shri Ashwini Vaishnaw, Attorney General for India Mr. R Venkataramani, Solicitor General Mr. Tushar Mehta and ABI President …

Arbitration Monthly Round-Up -March 2024
11 months, 4 weeks ago

Arbitration Monthly Round-Up -March 2024

Live Law  

Supreme Court Court May Refuse To Appoint Arbitral Tribunal If S.11 Petition Is Barred By Limitation Or Claim Is Ex-Facie Time Barred : Supreme Court Case Title: M/s Arif Azim Co. Ltd. Without Copy of Challenged Arbitral Award, Impossible To Consider Grounds To Set Aside Award: Delhi High Court Dismisses Section 34 Petition Case Title: Spml Infra Limited vs Ntpc …

Provisions Of Section 12(5) R/W 7th Schedule Of The A&C Act Also Apply To Institutional Arbitrations: Bombay High Court
1 year ago

Provisions Of Section 12(5) R/W 7th Schedule Of The A&C Act Also Apply To Institutional Arbitrations: Bombay High Court

Live Law  

The High Court of Bombay has held that that provisions of Section 12 r/w 7th Schedule of the A&C Act also apply to Institutional Arbitrations. The petitioner raised a challenge to her appointment under MCIA Rule 10 on the ground that the law firm in which she is a partner has, on numerous occasions, acted as legal advisors to respondent …

Can Initiate Arbitral Proceedings Without Other Party's Consent Even If Arbitration Mentioned As Alternative Settlement Method: Delhi High Court
1 year, 1 month ago

Can Initiate Arbitral Proceedings Without Other Party's Consent Even If Arbitration Mentioned As Alternative Settlement Method: Delhi High Court

Live Law  

The Delhi High Court bench comprising Justice Prateek Jalan held that a dispute resolution clause providing for alternative modes of settlements, including arbitration, and containing the term “will”, doesn't require the consent of the other party for settlement of disputes through arbitration. That in case any dispute arises between the parties then the dispute will be settled by both the …

IIAM: Panel Discussion On "Future-Proofing Investments: Trends In Arbitration" [25th February 2024]
1 year, 2 months ago

IIAM: Panel Discussion On "Future-Proofing Investments: Trends In Arbitration" [25th February 2024]

Live Law  

Indian Institute of Arbitration & Mediation is conducting a Panel Discussion on "Future-Proofing Investments: Trends in Arbitration" on 25th February 2024 at New Delhi. Bhat, Former Judge, Supreme Court of India Mr. Friedrich Rosenfeld, Partner at Hanefeld at Paris and Global Adjunct Professor of Law at NYU Paris Mr. Anil Xavier, Chairman APCAM & President IIAM Mr. Sidharth Sethi, Partner, …

Arbitration Weekly Round-Up: 27th November to 3rd December
1 year, 3 months ago

Arbitration Weekly Round-Up: 27th November to 3rd December

Live Law  

Bombay High Court N.N. Court U/S 37 Of The A&C Act Can’t Undertake An Independent Assessment Of Arbitral Award,: Bombay High Court Case Title: Madgavkar Salvage v. Bergen Offshore Logistics Pvt Ltd, Comm. Taking into account the legal position, the case law on the subject and the particular facts in the present matter, the Court is accordingly of the view …

Arbitration A Boon For Businesses And Individuals Seeking Swift, Cost-Effective Dispute Resolution: Justice Sanjay Karol
1 year, 4 months ago

Arbitration A Boon For Businesses And Individuals Seeking Swift, Cost-Effective Dispute Resolution: Justice Sanjay Karol

Live Law  

Recently, Justice Sanjay Karol of the Supreme Court of India addressed a gathering at Ram Manohar Lohiya National Law University, Lucknow, which was hosting the World rounds of the Foreign Direct Investment International Arbitration Moot Court Competition. “The fundamental goal of the 1996 Act is to promote arbitration as a costeffective, time-efficient, and acceptable procedure for resolving conflicts in both …

Arbitration Monthly Round-Up: October 2023
1 year, 4 months ago

Arbitration Monthly Round-Up: October 2023

Live Law  

Supreme Court Arbitration | Awarding Claim For Loss Of Profit Without Substantial Evidence Is In Conflict With Public Policy Of India: Supreme Court Case Title: M/S UNIBROS v. ALL INDIA RADIO, ARISING OUT OF SLP NO. In allowing the plea for appointment of an arbitrator u/s 11 of the Act, a single-bench of Justice Moushumi Bhattacharya noted that “a turning …

Designation Of Venue Of Arbitration Tantamount To Seat Of Arbitration In Absence Of A Significant Contrary Indicia: Delhi High Court Reiterates
1 year, 4 months ago

Designation Of Venue Of Arbitration Tantamount To Seat Of Arbitration In Absence Of A Significant Contrary Indicia: Delhi High Court Reiterates

Live Law  

The High Court of Delhi has held that the venue of arbitration would actually be the seat of arbitration when the agreement does not contain any contrary indicia. It held that clause proving for venue of arbitration would have a superseding effect over a clause providing for exclusive jurisdiction on any other Court if the parties have expressly made the …

Differentiating Jurisprudence On Pre-Condition To Invoke Arbitration
1 year, 5 months ago

Differentiating Jurisprudence On Pre-Condition To Invoke Arbitration

Live Law  

In India, it is a common trend to incorporate a pre-condition under the arbitration agreement to follow certain conditions to invoke the dispute resolution clause. Ltd. v. DLF Commercial Complexes, the Delhi High Court emphasized upon the importance of fulfillment to fulfill the pre-condition of mutual discussion before commencing arbitration. The recent observation by the Delhi High Court in Oasis …

'India Is Arbitration-Friendly' : Justice SK Kaul Says At International Legal Forum Of Asia-Pacific Region
1 year, 5 months ago

'India Is Arbitration-Friendly' : Justice SK Kaul Says At International Legal Forum Of Asia-Pacific Region

Live Law  

Justice Sanjay Kishan Kaul, judge of the Supreme Court, participated in the 12th International Legal Forum of the Asia-Pacific Region on Thursday. The topic of the forum was, "Balance of Protection of National Interests and Rights of Participants of International Economic Relations".In his address, Justice Kaul said that the judiciary should exercise restraint in interfering. In his address, Justice Kaul …

Top 10 Arbitration Judgments [January To September 2023]
1 year, 5 months ago

Top 10 Arbitration Judgments [January To September 2023]

Live Law  

In recent times, several noteworthy judgments have been rendered by the Indian Courts in matters relating to the law of arbitration in India. Prior to the 2019 amendment, Section 34 of the Arbitration Act read that "an arbitral award could be set aside by the Court only if the the party making the application furnishes proof…". In conclusion, the Supreme …

India’s Arbitration Law Is In A ‘Chronic State Of Animated Suspension’: Fali S Nariman
1 year, 6 months ago

India’s Arbitration Law Is In A ‘Chronic State Of Animated Suspension’: Fali S Nariman

Live Law  

Speaking at the inaugural session of the United Nations Commission on International Trade Law South Asia Conference, 2023 Senior Advocate, Fali S Nariman, said that India’s Arbitration law is in a ‘chronic state of animated suspension’. In the event held on September 14, Nariman said that when the Arbitration and Conciliation Act, 1996 was enacted it largely conformed to the …

The India International Arbitration Centre (IIAC) Releases Conduct Of Arbitration Regulations, 2023
1 year, 6 months ago

The India International Arbitration Centre (IIAC) Releases Conduct Of Arbitration Regulations, 2023

Live Law  

The India International Arbitration Centre has officially unveiled the India International Arbitration Centre Regulations, 2023, shedding light on the intricate procedures governing arbitral processes. These Regulations, which became effective on September 1, meticulously outline the procedure for initiating arbitration under the purview of IIAC, the selection of arbitrators, and the mechanisms for resolving disputes. The Regulations also encompass provisions aimed …

IAMC - FTI Conference On 'Emerging Best Practices In The Use Of Experts To Increase Their Value Proposition In Arbitration' [August 20]
1 year, 7 months ago

IAMC - FTI Conference On 'Emerging Best Practices In The Use Of Experts To Increase Their Value Proposition In Arbitration' [August 20]

Live Law  

The International Arbitration & Mediation Centre based in Hyderabad in collaboration with FTI Consulting is set to host a conference on August 20, 2023. The event is titled “Emerging Best Practices in the Use of Experts to Increase their Value Proposition in Arbitration.” It will be a unique opportunity, gathering construction arbitration experts from various countries, alongside the finest practitioners …

Arbitration law needs to tackle a key concern
1 year, 8 months ago

Arbitration law needs to tackle a key concern

Hindustan Times  

Last month, the government set up an expert panel headed by former law secretary TK Viswanathan to suggest reforms in the 1996 Arbitration and Conciliation Act. The high court held that since ISDS owes its origin to international law, it is different from commercial arbitration. While the high court is correct in drawing a distinction between ISDS and commercial arbitration …

Arbitration Cases Weekly Round- Up: 11 June To 17 June 2023
1 year, 9 months ago

Arbitration Cases Weekly Round- Up: 11 June To 17 June 2023

Live Law  

High Courts: Allahabad High Court: Facilitation Council Which Was The Conciliator Under MSMED Act, Can Arbitrate The Dispute; Bar Contained In S. 80 Of Arbitration Act Not Applicable: Allahabad High Court Case Title: Bata India Limited & Anr. Bombay High Court: Arbitration: Application For Amendment Of Statement Of Claims Can Be Opposed On All Available Grounds, Including Ground Of Delay: …

Arbitration Cases Monthly Round-Up: May 2023
1 year, 9 months ago

Arbitration Cases Monthly Round-Up: May 2023

Live Law  

SUPREME COURT: Referral Court Has Duty To Conclusively Decide Issue Of ‘Existence & Validity Of Arbitration Agreement’ Raised At Pre-Referral Stage: Supreme Court Case Title: Magic Eye Developers Pvt. Delay In Resuming The Arbitration Proceedings Will Not Make The Claim Time Barred: Calcutta High Court Case Title: East India Minerals Limited vs The Orissa Mineral Development Company Limited The Calcutta …

ICA: International Conference On “Arbitrating Indo-UK Commercial Disputes – 2nd Edition” [5th June 2023]
1 year, 10 months ago

ICA: International Conference On “Arbitrating Indo-UK Commercial Disputes – 2nd Edition” [5th June 2023]

Live Law  

Indian Council of Arbitration is deemed as the apex arbitral institution in the Country created to promote and administer arbitration in commercial disputes, with a view to encourage smooth and seamless domestic and international business. In this regard, ICA with the support of Federation of Indian Chambers of Commerce & Industry the apex chambers of Commerce & Industry of India …

Arbitration Cases Weekly Round-Up: May 07 To May 13, 2023
1 year, 10 months ago

Arbitration Cases Weekly Round-Up: May 07 To May 13, 2023

Live Law  

Supreme Court: Award Can Be Said To Be Suffering From 'Patent Illegality' Only If It Is An Illegality Apparent On The Face Of It : Supreme Court Case Title: Reliance Infrastructure Ltd. vs State of Goa The Supreme Court has observed that an award could be said to be suffering from “patent illegality” only if it is an illegality apparent …

Clause Captioned As “Arbitration”, Doesn’t Conclusively Imply Mandatory Nature Of Arbitration: Bombay High Court
2 years ago

Clause Captioned As “Arbitration”, Doesn’t Conclusively Imply Mandatory Nature Of Arbitration: Bombay High Court

Live Law  

The Bombay High Court has ruled that the use of the word ‘can’ in the relevant clause has the effect of qualifying Arbitration as a mode of settlement, and the mere fact that a particular clause is captioned as “Arbitration”, does not conclusively imply the mandatory nature of arbitration when the option is left to the parties to settle their …

Judiciary must step in to ensure an effective arbitration ecosystem: CJI
2 years, 1 month ago

Judiciary must step in to ensure an effective arbitration ecosystem: CJI

Hindustan Times  

The judiciary has to play an important role in ensuring an effective arbitration ecosystem by stepping in to protect the independence and impartiality of arbitral proceedings, Chief Justice of India DY Chandrachud said on Thursday, while also stressing on the need for a “gender-diverse arbitral pool” to bring experiential learning to the entire process. Not least of those interventions is …

‘Seat’ Of Arbitration Would Be Where Facilitation Council Under MSMED Act Conducted Arbitral Proceedings Delhi High Court
2 years, 1 month ago

‘Seat’ Of Arbitration Would Be Where Facilitation Council Under MSMED Act Conducted Arbitral Proceedings Delhi High Court

Live Law  

The Delhi High Court has ruled that the ‘Seat’ of arbitration would be the place where the Facilitation Council under the Micro, Small and Medium Enterprises Development Act, 2006 has conducted the arbitral proceedings as per the provisions of Section 18 of the MSMED Act. The bench of Justice Prateek Jalan remarked that since there was no arbitration agreement between …

'Urgent Need Of A Credible Institutional Arbitration Centre In India': Delhi High Court Rejects Plea Alleging Bias In Composition Of DIAC
2 years, 3 months ago

'Urgent Need Of A Credible Institutional Arbitration Centre In India': Delhi High Court Rejects Plea Alleging Bias In Composition Of DIAC

Live Law  

Dismissing a public interest litigation challenging the constitutional validity of Section 5 of the New Delhi International Arbitration Centre Act, the Delhi High Court has said that mere involvement and support of the Centre does not by itself raise apprehension of bias and impartiality.The provision provides for constitution of New Delhi International Arbitration Centre with following. Dismissing a public interest …

ICA: Two And Half Day Training Course On Domestic & International Commercial Arbitration [18 - 20 November, 2022]
2 years, 4 months ago

ICA: Two And Half Day Training Course On Domestic & International Commercial Arbitration [18 - 20 November, 2022]

Live Law  

Indian Council Of arbitration is organizing Two And Half Day Training Course On Domestic & International Commercial Arbitration from 18th to 20th November, 2022 CONCEPT: A range of topical issues viz. Introduction to the fundamentals of ADR; arbitration agreement; arbitral tribunal; arbitration proceedings; arbitral award; practical problems/issues relating to claims, defence statements, and counterclaims will be discussed at the Training …

Arbitration Cases Monthly Round-Up: October 2022
2 years, 4 months ago

Arbitration Cases Monthly Round-Up: October 2022

Live Law  

Supreme Court: Arbitral Tribunal Must Give Reasons For Fixing Interest Rate; Award Holder Not Entitled To Interest For Delay Caused By It : Supreme Court Case Title: Executive Engineer versus Gokul Chandra Kanungo The Supreme Court recently held that a case where the award holder was responsible for delaying the proceedings which led to a huge lapse of time would …

Arbitration Cases Weekly Round-Up: 23 To 29 October, 2022
2 years, 5 months ago

Arbitration Cases Weekly Round-Up: 23 To 29 October, 2022

Live Law  

Bombay High Court: Execution Of Agreement, In Bid Document As Condition Precedent; Failure To Execute, Not A Concluded Contract: Bombay High Court Case Title: Kalpataru Limited versus Middle Class Friends Co-operative Housing Society Limited The Bombay High Court has ruled that where reference to a future contract is made in the tender documents and in the Letter of Intent issued …

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