S Ravi Shankar Free Articles
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.
Read MoreLIMITATION APPLIES TO RECOVERY PROCEEDINGS UNDER MSMED ACT
In a recently delivered judgment of M/s Silpi Industries etc. vs. Kerala State Road Transport Corporation & Anr, the Hon’ble Apex court of our country delved into the issue as to whether the provisions of Indian Limitation Act, 1963 is applicable to arbitration proceedings initiated under Section 18(3) of Micro, Small and Medium Enterprises Development Act, 2006 ?
Read MoreSUPREME 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.
Read MoreDispute arising out of an Arbitration settlement must go for Arbitration
The Supreme Court of India vide its Judgment dated April 8, 2021, while disposing of an appeal arising out of an application seeking to appoint an arbitrator under section 11(5) and (6) of the Arbitration and Conciliation Act 1996, held that any dispute arising out of a frustrated settlement from an arbitration must go for arbitration
Read MoreTWO INDIAN COMPANIES CAN RESOLVE THEIR DISPUTES BY WAY OF A FOREIGN SEATED ARBITRATION
The Supreme court of India in its recent judgment, in the matter of PASL Wind Solutions[1] delivered on 20th April 2021, held that two or more Indian parties can resort to a foreign seated arbitration to resolve their disputes and further held that an award that arose out of the foreign seated arbitration can be enforced in India under New York Convention on recognition and enforcement of foreign awards.
Read MoreArbitration law : Everything you want to know
Arbitration is a private dispute resolution practice, to resolve disputes between the parties, without approaching the National Courts of a country. But at the same time the procedure of arbitration is regulated by law of each country.
Read MoreARBITRATOR’s DECISION ON THE JURISDICTION, CAN BE CHALLENGED ONLY ALONG WITH THE FINAL AWARD
Supreme Court of India while dealing with the case of Deep Industries, held that an order passed by allowing or dismissing an application filed under Section.16 of the Arbitration and Conciliation Act,1996 (Herein after “The Act”) cannot be challenged under Article 227 of the Constitution of India and the said order must wait for the final award and then both can be challenged under S.34 of the Act.
Read MoreSPECIAL LEGISLATION OVERRIDES ARBITRATION LAW OF INDIA
Arbitration and Conciliation Act 1996 is the procedural law that governs all the arbitrations having the seat of arbitration in India. But at the same time there are some special legislations that provides for a separate procedure and mechanism of arbitration for certain categories of persons/ entities covered under the said legislation.
Read MoreSupreme Court of India puts an end to one party appointed sole Arbitrator system
Without having system to ensure impartiality and independence of Arbitrators, arbitration cannot gain confidence in the minds of the parties to the dispute. It is not sufficient that many arbitrators by nature are independent and impartial. To gain the confidence of a common man, the arbitration system provided in the Procedural law of a country should provide sufficient checks and balances and make arbitration, an impartial dispute resolution system.
Read MoreADMISSIBILITY OF EVIDENCE OF ELECTRONIC RECORD IN INDIA
By a recent Judgement dated 14.07.2020, the Supreme Court of India while deciding Arjun PanditRao Khotkar[1] settled the law relating to admissibility of evidence of electronic records in legal proceedings. [1] Arjun Panditrao Khotkar Vs Kailash Kushan Rao Gorantyal and others, (2020) SCCOnline SC 571
Read MoreLOSS OF PROFIT CLAIMS AND ARBITRATION
Normally two types of Loss of profit claims are made in the arbitration/ litigation matters arising out of breach of contract, namely, Loss of profits arising out of delays in the execution and loss of profits arising out of the illegal termination of contract
Read MoreSupreme Court of India settles law relating to Limitation to enforce Foreign awards in India
By way of a recent Judgment dated 16th September 2020 in the matter of Vedanta[1] Supreme Court of India settled the law relating to limitation to enforce foreign commercial arbitration awards in India. There were judgments from different high courts of India specifying different limitation periods for enforcement of foreign awards in India. Hence that was a requirement for the Supreme Court to settle the law in this matter.
Read MoreGOVERNMENT CANNOT CLAIM PRIVILEGES IN ARBITRATION MATTERS – Supreme Court of India
The Arbitration & Conciliation Act, 1996 (herein after ‘The Act’) with its advent has paved way for an effective alternate dispute resolution mechanism but reduces importance of certain the procedural and other substantive laws that forms the basis of settling disputes before the courts.
Read MoreLAW RELATING TO LIMITATION FOR CHALLENGING OF ARBITRATION AWARDS
One of the main purposes of arbitration is to resolve commercial disputes within a reasonable time.
Read MoreBLACK LISTING OF CONTRACTOR IMPERMISSIBLE AFTER LOOSING AN ARBITRATION ON THE SAME ISSUE
Black listing of a contractor is a weapon in the hands of the employer that can be used against a contractor for a breach of contract or any willful default to complete the project as per the contract etc.,
Read More