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.
1.Delay, unpredictability and cost are considered as three main enemies of efficient administration of justice. a. yes b. no c. can not be said 2-The litigants are always interested in substantive justice […]
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.
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.
Arbitration and Special Arbitration under International Law Of Sea UNO Convention On The Law Of Sea 1982
A list of arbitrators shall be drawn up and maintained by the Secretary-General of the United Nations. Every State Party shall be entitled to nominate four arbitrators, each of whom shall be a person experienced in maritime affairs and enjoying the highest reputation for fairness, competence and integrity. The names of the persons so nominated shall constitute the list.
This Uniform Domain Name Dispute Resolution Policy (the “Policy”) has been adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you.
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.
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.
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.
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.
In the case of K.K. Modi v. K.N. Modi, (1998) 3 SCC 573, a Bench of this Court (of which one of us was a member) had the occasion to consider the […]
In an adversarial process, each party to a dispute presents its case to the natural adjudicator seeking to demonstrate the correctness of his own case and the wrongness of the other. While […]
Issues need not be struck at the stage of hearing a Section 34 application, which is a summary procedure
Application under Section 8 of the Arbitration and Conciliation Act
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 […]
The Central Government shall, by notification, establish a body to be called the New Delhi International Arbitration Centre for the purposes of exercising the powers and discharging the functions under this Act.
The Centre shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to enter into contract, and shall, by the said name, sue or be sued.
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 […]
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 […]