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The Arbitral Tribunal is a creature of Contract, and the Contract is the only basis on which the Learned Tribunal should adjudicate, apart from the general provisions of law and jurisprudence.
Section 52 of the Transfer of Property Act is an expression of the principle “pending a litigation nothing new should be introduced”. It provides that pendente lite, neither party to the litigation, in which any right to immovable property is in question, can alienate or otherwise deal with such property so as to affect his appointment
Mere expression “place of arbitration” cannot be the basis to determine the intention of the parties that they have intended that place as the “Seat of Arbitration”
by Simran Pahwa† and Yasha Goyal††
Supreme Court: In a case where the Punjab and Haryana High Court not only set aside the judgment of the District Judge
by Priyal Parikh*
“Undoubtedly, a limited right of appeal is given under section 37 of the Arbitration Act, 1996. But it is not the province or duty of this Court to further limit such right by excluding appeals which are in fact provided for, given the language of the provision.”
Supreme Court: While settling the dispute between Anglo American Metallurgical Coal (AAMC) and MMTC Ltd, the bench of RF Nariman* and KM
“The entire approach of the Division Bench is flawed.”
Kerala High Court: R.Narayana Pisharadi J., while allowing the statutory remedy of appeal, discussed the parallel application of provisions and the Court’s