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“It is palpably clear that the language of the purported arbitration clause must evidence an unambiguous, explicit and unequivocal intention to refer the disputes to arbitration, leaving no room for doubt that parties chose arbitration as their only mode of resolution of disputes.”
“Award-holder must be given the fruits of the victory unless the Court finds that the enjoyment may be deferred subject to the award-debtor securing the award pending a shot at having the award set aside.”
On 31-7-2023, the Securities and Exchange Board of India (‘SEBI') introduced a common Online Dispute Resolution Portal (‘ODR Portal') which will harness
A quick legal roundup to cover important stories from Tribunals, Regulatory Bodies, Commissions this month
The present case is an example where substantial liability has sought to be fastened on one of the contracting parties based on specious paper calculations. It cannot be overemphasized that arbitral tribunals must exercise due care and caution while dealing with such claims.
A quick legal roundup to cover important stories from all High Courts this week.
The concession agreement is neither a statute, nor is it a law which protects the national interests of this nation and a mere failure of the arbitral tribunal to consider an argument on the same would not render the arbitral award in contravention of the fundamental policy of Indian law.
Calcutta High Court dismissed the present petition on the grounds of lack of jurisdiction.
Calcutta High Court held that Court should not substitute its own view, replacing that of the arbitrator, unless it is manifestly evident that there existed no agreement.
On 3-7-2023, the Securities and Exchange Board of India (‘SEBI’) notified the Securities and Exchange Board of India (Alternative Dispute Resolution Mechanism) (Amendment) Regulations, 2023
The ineligibility of an Arbitrator goes to the root of his jurisdiction and the Arbitral Award cannot be considered as valid.
Where parties decide to put an end to the original contract as if it never existed and substituted a new contract with it, then in such a situation the original contract is extinguished by the substituted one and the arbitration clause of the original one perishes with it.
Supreme Court refused to give effect to the appointment of an officer of the Ministry of Law and Justice as an arbitrator.
Corporate Legal Services team of Oil and Natural Gas Corporation (‘ONGC’) organised a legal workshop on “Mediation & Conciliation as ADR: PSUs
Justice R.D. Dhanuka, whose appointment as the Chief Justice of Bombay High Court was notified on 26-05-2023, retires today after a very short tenure of 3 days!
The Indian Arbitration Leadership Roundtable organized by the India International Arbitration Centre (IIAC) witnessed in-depth discussion over various important facets of Institutional Arbitration.
Supreme Court said that whether any particular facts constitute a cause of action has to be determined with reference to the facts of each case and with reference to the substance, rather than the form of the action. If an infringement of a right happens at a particular time, the whole cause of action will be said to have arisen then and there.
The impugned judgment was based on an undertaking agreed between the parties wherein Cinema Ventures were to pay the default amount, failing which the right to walk, take over and run the cinema hall will be owned by Dart Properties Private Limited.
“The MSMED Act of 2006 is a special statute as it was specifically enacted for facilitating the promotion and development of micro, small and medium Enterprises and enhancing their competitiveness.”