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 […]