Imagine Indian Tribunals having the power over International Tribunals in the matters of jurisdiction for the purpose of making India a suitable place for commercial arbitration. The Arbitration Tribunal – without any doubt – could have powers parallel to the principle forum non-conveniens which allows the court to decide the best-suited forum for instituting suits, … Continue reading Jayvardhan on Contemporary Position of Anti-Arbitration Injunction Suits and India’s significant steps towards Commercial Arbitration
Introduction: Arbitration, an Alternate Dispute Redressal mechanism, was introduced as a substitute for Courts. In further pursuance came the Arbitration Act, 1940 followed by the Arbitration and Conciliation Act, 1996 (hereinafter ‘the Act’) that was supposed to provide more clarity, speed and efficiency in the attempt to settle disputes. While the Act has considerably improved … Continue reading Anshul Ramesh on Interpretation of “place” under Section 20 of the Arbitration and Conciliation Act, 1996
In emergency arbitrations, instead of going to the domestic courts for instant relief, the parties appoint emergency arbitrators who grant enforceable interim awards before the constitution of the arbitral tribunal. The concept of emergency arbitration has developed over time with international institutions like the UNCITRAL[i], HKIAC,[ii] and SIAC[iii] recognizing it in their respective arbitration rules … Continue reading Chitransh Vijayvergia on Emergency Arbitration and Section 9 of the Arbitration & Conciliation Act: A Comment on Mr. Ashwani Minda & Anr. V. U-Shin Ltd. & Anr.
Introduction The Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act) was enacted with the object and purpose of facilitating the promotion and development, and enhancing the competitiveness of micro, small and medium enterprises. One of its most notable features is the provision for statutory arbitration for adjudication of disputes that come within its … Continue reading Smiti Verma on Ironing Out the Inconsistencies: MSME Act and Independent Arbitral Clauses
Enforcement of an order in civil contempt is for the benefit of one party against another, while object of criminal contempt is to uphold the majesty of law and the dignity of the court. S. 2(a) of The Contempt of Courts Act, 1971 says contempt of court means “civil contempt” as defined under S. 2(b) … Continue reading Chandni Dewani on Section 27(5) of Indian Arbitration Act – A Dark Horse?
The rise of the E-commerce sector in India can be largely attributed to the increasing popularity of online shopping through various platforms such as Amazon, Flipkart, and so forth. It’s growing popularity stems down to its convenience, speed and accessibility to a wide range of products at the click of a button. Seeing that companies … Continue reading Athul Aravind on Blockchain Arbitration: The Future?
The New Delhi International Arbitration Centre Bill, 2018 (the “NDIAC Bill”) was introduced in the Lok Sabha earlier this year. The object of the bill is to encourage the establishment of the New Delhi International Arbitration Centre (“NDIAC”) to allow for an autonomous and an independent institution that promotes a more efficient arbitration mechanism in India. Highlights of the NDIAC Bill The objective of establishing the NDIAC was to further … Continue reading Mira Mahadevan on Institutionalising Arbitration in India
Introduction Arbitration has come to the fore as a viable alternative to the Court system for resolution of disputes. The Arbitration and Conciliation Act (“ACA”), 1996 governs the procedural aspects of this mechanism. It has been modified multiple times over the years to get into place an efficient dispute settlement mechanism. The statute is divided … Continue reading Advik Rijul Jha and Kamakshi Puri on The Joinder of Non-signatories to Arbitration: Discussion on the Ameet Lalchand Case
Introduction Intellectual property rights provide an avenue for creators to exercise their power over third parties stealing their creation without seeking permission, terming them as their own and deriving monetary benefits out of the same. Currently, the holders of intellectual property are expected to be cautious and take recourse to the courts in the event … Continue reading Advik Rijul Jha and Maithreya Shetty on Arbitration as a mode of Dispute Resolution for Copyright Matters in India
The agreement between TRF Ltd. and Energo Engineering stipulated that the Managing Director of the buyer (Energo, in this case) was to act as the arbitrator or nominate an arbitrator to the dispute. This is prima facie a valid arbitration clause. TRF Ltd. challenged the neutrality and impartiality of the arbitrator in a Section 11 … Continue reading Tanya Varshney on Appointment of a New Arbitrator by a Disqualified Arbitrator: A Critique of TRF Ltd. v. Energo Engineering Projects Ltd.