Bringing you the Best Analytical Legal News
“Arbitration is a private form of dispute resolution, however, the arbitral proceedings must meet the juristic requirements of due process and procedural fairness and reasonableness, to achieve a ‘judicially’ sound and objective outcome or award”.
The Bombay High Court explained that if it was to consider the instant application under Section 11 of A&C Act, it would have to work on the deficiency of stamp duty and penalty, if any.
Applicability of judgment in N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd., (2023) 7 SCC 1: In this article the
Advocates — Senior Advocates — Designation of: Guidelines issued by Supreme Court in Indira Jaising, (2017) 9 SCC 766 for greater objectivity
Madras High Court said that if the Arbitrators are not paid their fees / costs on account of the moratorium order, the object of arbitration will get defeated, as competent Arbitrators will hesitate to become Arbitrators in a dispute involving Companies facing financial crisis.
The Supreme Court explained that the older Act enabled the Court to modify an award, a power which was consciously omitted by Parliament while enacting the 1996 Act, hinting towards exclusion of power to modify an award.
Arbitration and Conciliation Act, 1996 — Ss. 8 and 11: Application seeking reference to arbitration in pending civil suit is not acceptable
Arbitration and Conciliation Act, 1996 — Ss. 8, 11 and 7: Non-payment or deficient payment of stamp duty on substantive contract comprising/containing
Allahabad High Court said that the MSMED Act, 2006 is a special law and in view of Section 24 the discretion given to Council for selecting the forum of arbitration between the parties has an overriding effect and therefore, at the stage of selection of forum for arbitration by the Council the prohibition contained in Section 80 of the A&C Act will not be applicable.
by Kritika Krishnamurthy* and Anuroop Omkar**
Arbitration and Conciliation Act, 1996 — S. 29-A (as amended w.e.f. 30-8-2019) — Time-limit for making award: Time-limit stipulated in this section,
Unilateral Appointment of the Sole Arbitrator vitiates the proceedings of Arbitration.
by Vasanth Rajasekaran†
Cite as: 2023 SCC OnLine Blog Exp 50
The Court also upheld the validity of the termination notice issued by the NHIDCL and refused to interfere with its actions against the construction company.
by Mohd. Suboor†
by Prerona Banerjee† and Vishal Sinha††
The limited scope of judicial scrutiny at the pre-referral stage is navigated through the test of a ‘prima facie review’
by Prashant Tripathi† and Sanjeev Singh††