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 arising out of differences between persons, whether physical or legal. It shall also apply to… Read More United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958)
The general principle is that everyone has a right to waive the advantage of a law without infringing any public right or public policy. It is well settled that parties can contract themselves out of the statute (See : Shri Lachoo Mal Vs. Shri Radhey Shyam, ). Section 31(4) of the Act also came to… Read More What is the meaning of the phrase “in any reference”.
KEYWORDS:- APPLICABILITY OF LIMITATION LAW IN ARBITRATION AIR 2008 SCW 4182 : JT 2008 (6) SC 22 : (2008) 6 SCALE 748 : (2008) 7 SCC 169 (SUPREME COURT OF INDIA) M/s. Consolidated Engineering Enterprises Appellant Versus Principal Secretary, (Irrigation Department) and OTHERS Respondent WITH Hatti Gold Mines Co. Ltd. Appellant Versus Vinay Heavy Equipments… Read More M/s. Consolidated Engineering Enterprises Versus Principal Secretary, (Irrigation Department) and OTHERS [ ALL SC 2008 APRIL]
The question whether Section 14 of the limitation Act can be relied upon for excluding the time spent in prosecuting remedy before a wrong forum was considered by a two Judge Bench in State of Goa v. Western Builders (supra) in the context of the provisions contained in Arbitration and Conciliation Act, 1996. The Bench… Read More Whether Section 14 of the limitation Act can be relied upon for excluding the time spent in prosecuting remedy before a wrong forum in the context of the provisions contained in Arbitration and Conciliation Act, 1996.
In Union of India v. Popular Construction Company , Supreme Court considered the question whether Section 5 of the limitation Act can be invoked for condonation of delay in filing an application under Section 34 of the Arbitration and Conciliation Act, 1996. The two-Judge Bench referred to earlier decisions in Vidyacharan Shukla v. Khubchand Baghel,… Read More Whether Section 5 of the limitation Act can be invoked for condonation of delay in filing an application under Section 34 of the Arbitration and Conciliation Act, 1996.
EDITION 2018 Preliminary Part 1 – Arbitration Chapter I – General provisions Chapter II – Arbitration agreement Chapter III – Composition of arbitral tribunal Chapter IV – Jurisdiction of arbitral tribunals Chapter V – Conduct of arbitral proceedings Chapter VI – Making of arbitral award and termination of proceedings Chapter VII – Recourse against Arbitral Award… Read More The 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 hearing. The endeavour of the court should be to honour and support the award as… Read More Introduction to the Indian Law of Arbitration and Conciliation Act 1996
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 (3). (2)An arbitral award may be set aside by the Court only if— (a)the party… Read More Setting aside an Arbitral Award in India
AFCONs Infrastructure Ltd. and AnOTHER Vs Cherian Varkey Construction Co. (P) Ltd. and OTHERS a) Insolvency proceedings b) Probate proceedings c) Appeal under Section 92, CPC d) Proceedings for appointment of guardian e) Matrimonial causes – except settlement of terms of separation or divorce f) Title to immovable property in a foreign country g) Claim… Read More Where the law has given jurisdiction to determine, certain matters to specified tribunals only, such matters cannot be referred to arbitrations
In State of Punjab & Another Vs Jalour Singh & Others [AIR 2008 SC 1209] Apex Court Held Lok Adalats have no adjudicatory or judicial functions. Their functions relate purely to conciliation. A Lok Adalat determines a reference on the basis of a compromise or settlement between the parties at its instance, and puts its seal of confirmation… Read More Lok adalats have no adjudicatory or judicial functions — their functions relate purely to conciliation and must be based on compromise or settlement between the parties