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Ineligible Arbitrator can be challenged even in Pre- 2015 cases and at any point of time

Supreme Court of India in its recent Judgment dated 04th January 2022 pronounced by the bench consisting of Hon’ble Justices Mr M.R.Shah and Mrs Nagarathna in the case of Ellora Paper Mills held that the mandate of the arbitrator can be challenged at any point of time during the proceedings, in view of Section 12(5) read with Seventh Schedule of the 1996 Act.

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Can I Appeal Against an Arbitration Award?

Arbitration is best described as a cost-effective alternate dispute resolution process, which assists in smoother business relationships without incurring the rigidity of court proceedings. To address many of the pitfalls of the arbitration process and to bring the UAE arbitration process in tune with the best international standards, the UAE enacted Federal Law No. 6 of 2018 on ‘Arbitration’ and its amendments (“Arbitration Law”).

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Scotland Employment Tribunals Guide

If you are an employee looking to make a claim against your employer for unfair dismissal or redundancy, you would take your action to the Employment Tribunal. This is a specialist Court that deals with all employment matters (excluding wrongful dismissal claims). This article explores the roll and powers of the Employment Tribunal.

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Can you claim legal costs in arbitration?

Isn't it too complex and too expensive to proceed with arbitration? What all costs can we recover in this arbitration apart from the claim? Can we claim attorney's fees or legal costs from this arbitration?

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How is international arbitration implemented in the UAE during the new normal?

The number of arbitration cases being registered in the United Arab Emirates has been steadily increasing in recent years.

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SUPREME COURT OF INDIA RECOGNISES ENFORCEMENT OF EMERGENCY ARBITRATOR AWARD

Prior to 2010, if a party to an international arbitration requires to get an interim order, prior to formation of the arbitral tribunal, it was left with no other option other than approaching the appropriate National Court of the Respondent or the National Court having the jurisdiction over the subject matter covered under the application for interim order.

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How Arbitration Institutions awards legal cost in UAE?

Managing an arbitration means managing a client’s expectations, including the client’s costs in pursuing its case in arbitration. Parties in arbitration may incur different types of costs; wherein the three main costs involved are the Tribunal Fees; Administration Fees; Legal fees for experts and for legal representations. Legal cost is the main expense incurred by the party and the fees of its legal representatives in arbitration.

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Implementation of Foreign Arbitral Awards in UAE

Obtaining an arbitral award is not the end of the road to redress. Execution or recognition is the subsequent phase, and this phase can be complex and prodigious especially if enforcement is supposed to be beyond the jurisdiction from where the award was obtained.

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Arbitration Law in India: Things you should know

Arbitration is currently at a stage great development in India, with technology being more and more used in India since the early 2000s. The country has the ambition to become an international hub for arbitration.

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How can arbitration be enforced?

An arbitration proceeding is similar to traditional court litigation in many ways. However, it has many advantages to offer in comparison to traditional litigation.

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How to resolve real estate disputes in Dubai?

The concerned article is a pathway to understanding the various aspects of dispute resolution in real estate matters in Dubai.

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Is It Worth Taking A Dispute to the Employment Tribunal?

Are you aware that in many situations you have the right to make a claim to the Employment Tribunal about your employment dispute? The type of employment dispute that can be heard at an Employment Tribunal includes unfair dismissal, racial discrimination, breach of contract and equal pay claims.

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UNCITRAL ARBITRATION RULES, 2010: Enforcing Effective Arbitration Mechanism

India needs to amend the Arbitration and Conciliation Act, 1996 to incorporate the UNCITRAL Arbitration Rules 2010 which will positively contribute to the efficient conduct of Arbitration. The new rules aims at expediting the arbitral award by giving more discretion to the tribunal and making it mandatory that the proceedings are conducted efficiently, fairly and in most effective manner.

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What are the common formalities of arbitration in the UAE?

The Federal Law No. (6) of 2018 on arbitration (‘Arbitration Law’) defines arbitration as ‘ A procedure regulated by law in which a dispute between one or more parties is submitted, by agreement of the parties, to an arbitral tribunal which makes a binding decision on the dispute’(Article1 ).

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Employment Tribunals And The Claims Process

If you are looking to make an employment claim or to defend one, where should you issue your claim? Almost all cases should be started in the Employment Tribunal, usually with one exception explored in the next paragraph.

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