Why Commercial Civil Courts Have The Potential To Be And Possibly Are Better Than Domestic Arbitrations
4 years, 8 months ago

Why Commercial Civil Courts Have The Potential To Be And Possibly Are Better Than Domestic Arbitrations

Live Law  

The process of adjudication in domestic arbitrations has always been slow and has not gathered significant pace even with the multiple amendments in the Arbitration and Conciliation Act, 1996. This is primarily since arbitrators and attorneys assisting arbitrators take up multiple matters in courts and multiple arbitrations, whether on the same day or otherwise, the culture is incomprehensibly not "arbitration centric" yet, timelines set in arbitrations are taken particularly lightly and there is no real consequence to non-compliance of timelines, unlike in international arbitrations. Until the amendment in the year 2015 and later in 2019 in the Arbitration and Conciliation Act, arbitration under this statute as well was a time consuming process since there was no time limit to conclude the arbitration, parties had to approach courts for various issues including urgent interim orders prior to appointment of arbitrators, even for appointment and replacement of an arbitrator and for enforcement of the final orders/award of the arbitrator. The Legislature also sought to make the entire arbitral process simpler and faster by effectively bringing about an outer time limit of 2 years to conclude the arbitration. Clearly therefore, if the commercial courts convene, conclude and adjudicate in a streamlined manner, approaching commercial courts would have greater benefits and myriad advantages rather than going through the rigmarole of arbitration.

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History of this topic

Article 227 In Arbitration-Related Commercial Disputes: Scope And Judicial Boundaries
1 month, 4 weeks ago

Article 227 In Arbitration-Related Commercial Disputes: Scope And Judicial Boundaries

Live Law  

In India, the question of whether writ petitions can challenge arbitration decisions—especially dismissals of Section 34 petitions by Commercial Courts—is a sensitive balance between constitutional authority and arbitration's intended autonomy. In the matter of M/S Deep Industries Limited v. Oil and Natural Gas Corporation Limited, AIR Online 2019 SC 1958, the Supreme Court held that High Courts should only exercise …

High Pendency Of Arbitration & Commercial Cases : Supreme Court Asks Allahabad HC CJ To Devise Roadmap To Tackle Arrears
2 years, 8 months ago

High Pendency Of Arbitration & Commercial Cases : Supreme Court Asks Allahabad HC CJ To Devise Roadmap To Tackle Arrears

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Being apprised of the burgeoning pendency in the execution proceedings of arbitral awards and applications to set aside award under Section 34 of the Arbitration and Conciliation Act, 1996, in the State of Uttar Pradesh, the Supreme Court, on Thursday, requested the Chief Justice of Allahabad High Court to constitute a committee of Judges to device a roadmap to tackle …

Commercial Courts Act, 2015 "An Overview"
4 years, 6 months ago

Commercial Courts Act, 2015 "An Overview"

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This Act came into force with effect from 23rd Day of October, 2015, and further amended on 3rd May, 2018, with primary objective of adjudication of disputes falling under this Act in a swift time bound manner and lesser hassles to the litigating parties and by introducing minimal interference by the higher courts, when the dispute is pending before the …

Poor Performance Of The Commercial Courts Act, 2015 Finds Empirical Study
5 years, 6 months ago

Poor Performance Of The Commercial Courts Act, 2015 Finds Empirical Study

Live Law  

In 2015, the Commercial Courts Act, 2015 was introduced to expedite the disposal of high-value commercial disputes. We studied all the order sheets for 450 cases across three fora – The Commercial Divisions at the Delhi and Bombay High Court and the Commercial Court at the Vadodara District Court. While some of these cases were those filed in 2015, others …

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