- A Civil Court examining the validity of an arbitral award under Section 34 of the AC Act exercises supervisory and not appellate jurisdiction over the awards of an arbitral tribunal. - A Civil Court examining the validity of an arbitral award under Section 34 of the Act exercises supervisory and not appellate jurisdiction over the awards of an arbitral tribunal. A court can set aside an arbitral award, only if any
- Ameet Lalchand Shah and Others Vs. Rishabh Enterprises and Another-3/5/2018 - An arbitration agreement means an agreement which is enforceable in law and the jurisdiction of the arbitrator is on the basis of an arbitration clause contained in the arbitration agreement. However, in a case where the parties alleged that the arbitration agreement is vitiated on account of fraud, the Court may refuse to refer the parties to arbitration.
- Arbitration and Conciliation Act, 1996 - This online commentaries shall present section-wise treatment the statute with exhaustive covering corresponding Law, scope and numerous topics and sub-topics based on case-laws of Supreme Court.
- BGS SGS SOMA JV Vs. NHPC Ltd-10/12/2019 - ARBITRATION-whether the "seat" of the arbitration proceedings is New Delhi or Faridabad, consequent upon which a petition under Section 34 of the Arbitration Act, 1996 may be filed dependent on where the seat of arbitration is located.
- Conduct of arbitral proceeding in India - UNDER ARBITRATION AND CONCILIATION ACT 1996 [SECTION 18 TO 27] GO TO THE MAIN PAGE 18. Equal treatment of parties. The parties shall be treated with equality and each party shall be given a full opportunity to present his case. 19. Determination
- Difference between an award which is executable as decree and award which is required to be made a Rule of Court. - There is a difference between an award which is executable as decree and award which is required to be made a Rule of Court. An award made under Arbitration and Conciliation Act of 1996 is executable as a decree in
- Doctrine of unconscionability of arbitration clause - The unconscionability of the arbitration clause can be considered separately from that of the contract as a whole. Respect for arbitration is based on it being a cost-effective and efficient method of resolving disputes. When arbitration is realistically unattainable, it amounts to no dispute resolution mechanism at all. Given the conclusion that the arbitration agreement is invalid because it is unconscionable.
- How to write an Arbitration Award - The arbitrator is not required to give a detailed judgment as courts give and is only to indicate his mind as to how he has arrived at the decision in the award. As held by the Supreme Court in Indian
- INDIAN OIL CORPORATION LTD. Vs. INDIAN CARBON LTD - That the arbitrator is not required to give detailed judgement for his award – Recording of short intelligible indications of the grounds speaking the mind of arbitrator held to be sufficient compliance. The arbitrator has made his mind known on
- International Bar Association: Rules on Taking of Evidence in International Commercial Arbitration - These IBA Rules on the Taking of Evidence in International Arbitration are intended to provide an efficient, economical and fair process for the taking of evidence in international arbitrations, particularly those between Parties from different legal traditions.
- Introduction to the Indian Law of Arbitration and Conciliation Act 1996 - Arbitration is a mechanism or a method of resolution of disputes that unlike court takes place in private, pursuant to agreement between the parties. The parties agree to be bound by the decision rendered by a chosen arbitrator after giving
- M/s. Indian Farmers Fertilizer Co-Operative Ltd. Vs. M/s. Bhadra Products [SC 2018 January] - KEYWORDS:-ARBITRATION-Interim award-jurisdiction- Error of Law- Error of jurisdiction- DATE:- January 23, 2018- Interim award can be set aside under Section 34 of the Arbitration and Conciliation Act, 1996 The award dated 23rd July, 2015 is an interim award, which being an
- M/s. Inox Wind Ltd. Vs. M/s. Thermocables Ltd [SC 2018 January] - KEYWORDS:-APPOINTMENT OF ARBITRATOR-STANDARD FORM OF CONTRACT- DATE:-January 05, 2018- Though general reference to an earlier contract is not sufficient for incorporation of an arbitration clause in the later contract, a general reference to a standard form would be enough for
- Maharashtra State Electricity Distribution Company Ltd. Vs. M/s. Datar Switchgear Ltd. & Ors.[SC 2018 JANUARY] - KEYWORDS:- Constitution of an Arbitral Tribunal-DELAY- DATE: JANUARY 18, 2018- Arbitration petition filed under Section 34 of the Act was sought to be amended after a delay of eight years. Further, the amendment in the appeal, taking those very grounds on
- Parsa Kente Collieries Ltd. Vs. Rajasthan Rajya Vidyut Utpadan Nigam Ltd- 27/05/19 - ARBITRATION AND CONCILIATION ACT 1996- Arbitral tribunal must decide in accordance with the terms of the contract, but if an arbitrator construes a term of the contract in a reasonable manner, it will not mean that the award can be set aside on this ground. It is further observed and held that construction of the terms of a contract is primarily for an arbitrator to decide unless the arbitrator construes the contract in such a way that it could be said to be something that no fair minded or reasonable person could do.
- Perkins Eastman Architects DPC & Anr. v. HSCC (India) Ltd-26/11/2019 - ARBITRATION-In exercise of the power conferred by Section 11(6) of the Act, we appoint Dr. Justice A.K. Sikri, former Judge of this Court as the sole arbitrator to decide all the disputes arising out of the Agreement dated 22.05.2017, between the parties, subject to the mandatory declaration made under the amended Section 12 of the Act with respect to independence and impartiality and the ability to devote sufficient time to complete the arbitration within the period as per Section 29A of the Act.
- Permanent Court of Arbitration Schedule of Fees and Costs - The PCA is an intergovernmental organization devoted chiefly to the administration of international dispute resolution proceedings involving at least one state, state-controlled entity, or intergovernmental organization. As such, the PCA does not seek to provide full administrative services in disputes exclusively between private parties.
- Place of arbitration determines the law applicable to arbitration and related matters and in pursuance arbitration agreement if the arbitration took place outside India Part-I of the Arbitration Act to be excluded. - Supreme court in the case of Imax Corporation v. M/s E-City Entertainment (I) Pvt. Ltd. [Civil Appeal No.3885 of 2017], while addressing the issue as to whether the seat of arbitration itself is a decisive factor to exclude Part-I of the Arbitration and
- Portuguese Rule of Proceedings in International Arbitration - The Prague Rules on the Efficient Conduct of Proceedings in International Arbitration (“Prague Rules”) are intended to provide a framework and/or guidance for arbitral tribunals and parties on how to increase efficiency of arbitration by encouraging a more active role for arbitral tribunals in managing proceedings.
- Purushottam S/o. Tulsiram Badwaik Vs. Anil & Ors.[ALL SC 2018 MAY] - KEYWORDS:- Arbitration Agreement- DATE:- May 2, 2018 The validity of an arbitration agreement does not depend on the number of arbitrators specified therein. The number of arbitrators is dealt with separately in Section 10 which is a part of machinery provision for
- Rules of Arbitration of the International Chamber of Commerce - The International Court of Arbitration (the "Court") of the International Chamber of Commerce (the "ICC") is the arbitration body attached to the ICC. The statutes of the Court are set forth in Appendix I. Members of the Court are appointed by the Council of the ICC. The function of the Court is to provide for the settlement by arbitration of business disputes of an international character in accordance with the Rules of Arbitration of the International Chamber of Commerce (the "Rules"). If so empowered by an arbitration agreement, the Court shall also provide for the settlement by arbitration in accordance with these Rules of business disputes not of an international character.
- Setting aside an Arbitral Award in India - The Arbitration and Conciliation Act, 1996 34. Application for setting aside arbitral award. (1)Recourse to a Court against an arbitral award may be made only by an application for setting aside such award in accordance with sub-section (2) and sub-section
- SPORTS LAW IN INDIA - Sports law in India is collection of some Court Cases and Policy decisions under the auspices Government of India
- Sri K. Marappan (D) through Sole LR. Balasubramanian Vs. The Superintending Engineer, T.B.P.H.L.C., Circle Anantapur - Arbitration Act, 1940 - The arbitrator has the power to award interest pendente lite - Supreme court of India - March 27, 2019
- The Arbitration and Conciliation Act 1996 - An Act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto. Preamble.
- UNCITRAL Arbitration Rules 2013 - These Rules shall govern the arbitration except that where any of these Rules is in conflict with a provision of the law applicable to the arbitration from which the parties cannot derogate, that provision shall prevail.
- UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration-2013 - For the purposes of the Rules on Transparency, a “treaty” shall be understood broadly as encompassing any bilateral or multilateral treaty that contains provisions on the protection of investments or investors and a right for investors to resort to arbitration against Parties to the treaty, including any treaty commonly referred to as a free trade agreement, economic integration agreement, trade and investment framework or cooperation agreement, or bilateral investment treaty.
- Union of India Vs. M/s. Susaka Pvt. Ltd. & Ors.[ SC 2017 DECEMBER] - KEYWORDS:- Jurisdiction of the Arbitral Tribunal- December 08, 2017- It is a well-settled principle in Arbitration Law that the award of an Arbitral Tribunal once passed is binding on the parties. The reason being that the parties having chosen their
- United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958) - New York Convention Article I 1. This Convention shall apply to the recognition and enforcement of arbitral awards made in the territory of a State other than the State where the recognition and enforcement of such awards are sought, and
- Venture Global Engineering LLC Vs. Tech Mahindra Ltd. & ANR Etc-01/11/2017 - KEYWORDS:-Issue estoppel-public policy and fraud-doctrine of “alter ego of the Company SUPREME COURT OF INDIA [Civil Appeal Nos. 17753-17755 of 2017 arising out of SLP (C) No(S). 29747-29749 of 2013] [Civil Appeal Nos. 17756 of 2017 arising out of SLP (C)
- Whether a claim is barred by res judicata or whether a claim is “mala fide”, it will be decided by examining facts and relevant documents. - Supreme Court in Indian Oil Corporation Ltd. vs. S.P.S. Engineering Ltd.[ (2011) 3 S.C.C. 507 ] “14. To find out whether a claim is barred by res judicata, or whether a claim is “mala fide”, it will be necessary to examine the facts
- Whether Chief Justice or his designate under Section 11(6) of Arbitration and Conciliation Act is a “court” - Neither the Chief Justice nor his designate under Section 11(6) is a “court” as contemplated under the Act AIR 2006 SC 3456 : (2006) 11 SCC 651 : JT 2006 (5) SC 203 : (2006) 4 SCALE 385
- Whether the reference to ADR Process is mandatory Under Section 89 of Code [CPC] - Section 89 starts with the words “where it appears to the court that there exist elements of a settlement”. This clearly shows that cases which are not suited for ADR process should not be referred under section 89 of the Code. The
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