arbitration and conciliation act Archives

Short delay in filing appeals under section 37 of the Arbitration Act can be condoned in exceptional cases. Here’s why Supreme Court overruled N.V. International verdict

Supreme Court: The 3-judge bench of RF Nariman, BR Gavai and Hrishikesh Roy, JJ has held that given the object of speedy

Op Eds OP. ED.

Stage of consideration of objections under Section 16 of the Arbitration and Conciliation Act, 1996

by Shaurya Sahay†

Case Briefs Supreme Court

3 years’ limitation period ‘unduly long’; Necessary for Parliament to fill the vacuum by prescribing a specific period of limitation under Section 11 of the Arbitration and Conciliation 1996: SC

3 years is an unduly long period for filing an application under Section 11, since it would defeat the very object of the Act, which provides for expeditious resolution of commercial disputes within a time bound period.

Case Briefs Supreme Court

SC calls for amendment to Sections 11(7) & 37 of the Arbitration and Conciliation Act, 1996 to bring Sections 8 & 11 at par on appealability. Read how Vidya Drolia judgment has led to an anomaly

Supreme Court: In the light of the “prima facie” test laid down last year in Vidya Drolia v. Durga Trading Corporation, (2021) 2

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The conundrum in seeking Interim reliefs for foreign seated arbitrations in India

by Sushmita Gandhi*, Anamika Singh** & Bhargav Kosuru***

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Appointment of arbitrators under Section 11 by the Supreme Court: A time intensive phenomenon

by Payal Chandra* & Rhythm Buaria**

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Stamping of Agreements vis-à-vis Section 9 of the Arbitration & Conciliation Act, 1996

by Yakshay M. Chheda* & Ishan J. Ravindranath**

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Enforcement of Foreign Award under the Arbitration and Conciliation Act, 1996 | [Case Analysis of Vijay Karia. v. Prysmian Cavi E Sistemi SRL]

by Vatsala Pant*

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Post Award Interim Reliefs under Section 9 of the Arbitration and Conciliation Act, 1996: A light at the end of the tunnel

by Alabh Anant Lal* & Soham Banerjee**

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Enforceability of Foreign Arbitral Award in India: Developments

by Byron Sequeira* & Dhruv Srivastava**

Case Briefs Supreme Court

Amended Section 8 of A&C Act does not inundate entire regime of special legislation in non-arbitrable cases: SC

Supreme Court: A Bench comprising of Uday U. Lalit and Ashok Bhushan, JJ. dismissed a review petition filed against Supreme Court’s judgment dated

Case Briefs High Courts

Principles of CPC can be looked at for guidance while deciding matters under Arbitration and Conciliation Act,1996

Uttaranchal High Court: A Single Judge Bench comprising of Manoj K. Tiwari, J., dismissed a bunch of writ petitions filed against the

Case Briefs High Courts

Arbitration application dismissed on grounds of territorial jurisdiction

Uttaranchal High Court: An application for appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, was dismissed

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Arbitration cost’s going the litigation way — Is third party funding of arbitrations the way forward in India to curtail huge arbitration costs

by M. Rishi Kumar Dugar*

Case Briefs High Courts

Adjudicatory proceeds arising out of arbitration liable to be dismissed where settlement reached by way of mediation

Delhi High Court: A Division Bench comprising of Gita Mittal, Actg. CJ and C. Hari Shankar, J., disposed of an appeal under

Case Briefs High Courts

Appointment of arbitrator by Court under S. 11(6) of the Arbitration and Conciliation Act explained

Karnataka High Court: While deciding a civil petition under Section 11(6) and (8) read with Section 15(2) of the Arbitration and Conciliation

Case Briefs High Courts

Mandate of Arbitrator to be terminated if there is undue delay in dispute resolution process

Madhya Pradesh High Court: In three separate writ petitions, the termination of the mandate of the Arbitrator and the appointment of a

Case Briefs High Courts

An arbitral award can only be set aside if is contrary to the contract between parties, against the law of the land or is against public policy

Delhi High Court: The Court elaborated on Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 while dismissing an appeal

Case Briefs High Courts

Petition under S. 9 of Arbitration & Conciliation Act can be filed only before the civil court of original jurisdiction

Karnataka High Court: While passing the order in a civil miscellaneous petition filed under Section 9 of the Arbitration and Conciliation Act,

Case Briefs High Courts

Notice under S. 21 of Arbitration and Conciliation Act, 1996 is mandatory to initiate arbitral proceedings

Delhi High Court: Petitioners appeared before the Delhi High Court under Section 34 of the Arbitration and Conciliation Act, 1996 to challenge the