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1
International Arbitration Comparative Guide
International Arbitration Comparative Guide for the jurisdiction of India, check out our comparative guides section to compare across multiple countries
India
10 Sep 2019
2
Division Bench Of Delhi High Court Upholds The Single Judge's Judgment Upholding The Arbitral Award In Favour Of PNC-BEL (JV) Against NHAI
To map the progress of Indian Courts in arbitration matter, a perfect example is the PNC-BEL matter, wherein the Delhi High Court has not only decided the Application filed by NHAI under section 34 and ...
India
6 Aug 2019
3
Note On Filing Of Evidence By Affidavit Before Arbitral Tribunal
Originally Order 18 Rule 4 simply stipulated recording of the oral evidence before the court.
India
25 Apr 2019
4
Pre-Deposit Clause For Initiating Arbitration Is Arbitrary And Contrary To Article 14
The 10% deposit has to be made before any determination that a claim made by the party invoking arbitration is frivolous.
India
22 Apr 2019
5
Highlights Of The Proposed Amendments To The Arbitration And Conciliation Act, 1996
Further also to promote the alternate dispute resolution as a mechanism to solve the dispute arisen between the parties instead of approaching to the courts.
India
26 Mar 2019
6
Analysis Of Section 29A Of Arbitration And Conciliation Act: Approach Of Judiciary
The issue of only expeditious disposal can be considered no other
India
21 Mar 2019
7
Locus Standi Of Third Parties Under Section 9 Of The Arbitration And Conciliation Act, 1996
Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act") is broadly based on the UNCITRAL Model Law on International Commercial Arbitration, 1985.
India
20 Mar 2019
8
Conundrum Around The Fourth Schedule Vis-À-Vis Section 38 Of The Arbitration & Conciliation Act, 1996
The remedy for healthy development of arbitration in India is to disclose the fees structure before the appointment of arbitrators so that any party who is unwilling to bear such expenses can express his unwillingness.
India
20 Mar 2019
9
No Anti-Arbitration Relief From Civil Court Even When Fraud/Collusion Is Alleged
Hon'ble Supreme Court of India paved way in upholding the momentous judicial precedent which lays down a crucial legal principle pertaining to arbitration proceedings in India w.r.t. power of a civil court in granting the anti-arbitration relief.
India
19 Mar 2019
10
Extension Of Time In Arbitration : Review Of Section 29A Of Arbitration & Conciliation Act (Amendment Act 2015)
The rapid growth in commerce and industry has led parties to settle their disputes by resorting to the alternate dispute resolution procedure, more particularly to arbitration, and one of the prominent reasons ...
India
15 Feb 2019
11
EMAAR MGF Land Limited: Where Did The Supreme Court Go Wrong?
Thus, the power under Section 8 was restricted to the ‘prima facie' enquiry into the existence of valid Arbitration agreement.
India
15 Jan 2019
12
Amendment To Section 28(3) Of The Arbitration And Conciliation Act, 1996 – Will It Give More Powers To The Arbitrators?
Section 28 of the Arbitration and Conciliation Act, 1996, is an important provision of the enactment, which deals with the Rules applicable to the substance of dispute.
India
15 Jan 2019
13
CASE ANALYSIS ON Caravel Shipping Services Pvt. Ltd. V. Premier Sea Foods Exim Pvt. Ltd. MANU/SC/1252/2018
The Appellant then moved to Hon'ble Kerala High Court under Article 227 of the Constitution of India.
India
19 Dec 2018
14
Section 34 (5) Of The Arbitration And Conciliation Act, 1996: Whether Mandatory Or Directory?
Recently, the Supreme Court in The State of Bihar and Ors. Vs. Bihar Rajya Bhumi Vikas Bank Samiti, had the opportunity to examine whether Section 34(5) of the Arbitration and Conciliation Act, 1996, ...
India
19 Dec 2018
15
Dual Rate Of Interest Not Allowed In Arbitral Awards
In the recent case of Vedanta Ltd. vs. Shenzen Shandong Nuclear Power Construction Co. Ltd. judgment passed on October 10, 2018, the Hon'ble Supreme Court faced a peculiar issue of dual interest rate ...
India
5 Dec 2018
16
Production Of Evidence At A Belated Stage In Arbitral Proceedings
Arbitration in India is governed by the Arbitration & Conciliation Act, 1996 (the "Act"). In any arbitral proceeding, the parties are free to appoint arbitrator(s) of their own choice.
India
5 Dec 2018
17
Seat , Venue Or Place Of Arbitration: Analysis Of Hardy Exploration And Production (India) Inc
Every International Commercial Arbitration (ICA) or International Arbitration (IA) deals with the multiple interactions of laws.
India
1 Nov 2018
18
Can An Arbitrator Award Escalation Charges In The Absence Of Any Clause For Escalation In The Contract?
In a commercial contract, a tender is procured upon estimation of prices of material and labor to be incurred in future.
India
1 Nov 2018
19
Applicability Of Section 11 (6A) Of The Arbitration And Conciliation Act, 1996 In Case Of An Conditional Arbitration Clause
The Hon'ble Supreme Court of India, recently, while setting aside a judgment of the High Court of Judicature at Madras opined that an arbitration clause needs to be interpreted strictly and the matter shall not be referred ...
India
10 Oct 2018
20
Payment Of Stamp Duty Is Not Necessary For Enforcement Of Foreign Awards In India
The Division Bench of the Hon'ble Supreme Court of India in the matter of M/s. Shriram EPC Limited vs. Rioglass Solar SA has uphold that the payment of stamp duty under the Indian Stamp Act, 1899 ...
India
10 Oct 2018
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